Neutral Citation No. - 2025:AHC:84999 Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 190 of 2025 Applicant :- Smt Pooja Jaiswal Opposite Party :- Vikas Jaiswal Counsel for Applicant :- Rajesh Yadav Hon'ble Saral Srivastava,J. Order on Order Sheet. In view of office report dated 19.05.2025, the service of notice upon respondent is deemed sufficient. Order on Transfer Application. 1. Heard learned counsel for the applicant. 2. No one appears on behalf of the opposite party even in repeated calls. 3. The present application has been filed by the applicant-wife seeking transfer of Case No.1552 of 2024 (Vikas Jaiswal Vs. Smt Pooja Jaiswal), under Section 13(1) of the Hindu Marriage Act pending in the Court of Additional Principal Judge, Family Court No.1, District Gorakhpur to the Court of Principal Judge, Family Court, District Maharajganj. 4. It is submitted by the learned counsel for the applicant that applicant alongwith her minor child is residing at Maharajganj whereas opposite party has instituted the proceeding under Section 13(1) of Hindu Marriage Act at Gorakhpur. It is submitted that the applicant has no source of income to meet the litigation expenses and other expenses which is to be incurred in travelling from Maharajganj to Gorakhpur to contest the case instituted by opposite party at Gorakhpur on each and every date fixed in the matter. It is further submitted that financial condition of applicant is not good to do pairvi in the case. It is further submitted that balance of convenience also lay in favour of the applicant, and if the case is allowed to be proceeded at Gorakhpur, applicant would suffer serious prejudice. 5. The opposite party has neither appeared nor filed any counter affidavit, therefore, the averments contained in the affidavit filed in support of the transfer application are unrebutted and they are being treated to be correct. 6. It is settled in law that convenience of wife is to be looked into in case of dispute between the husband and wife. Therefore, considering the hardship which is being faced by the applicant- wife, it is a fit case where this Court should exercise its power to transfer the case from District Gorakhpur to District Maharajganj. 7. Accordingly, the Case No.1552 of 2024 (Vikas Jaiswal Vs. Smt Pooja Jaiswal), under Section 13(1) of the Hindu Marriage Act pending in the Court of Additional Principal Judge, Family Court No.1, District Gorakhpur is transferred to the Court of Principal Judge, Family Court, Maharajganj. 8. The Principal Judge, Family Court, Gorakhpur is directed to remit the record of the Case No.1552 of 2024 (Vikas Jaiswal Vs. Smt Pooja Jaiswal), under Section 13(1) of the Hindu Marriage Act to the Court of Principal Judge, Family Court, Maharajganj for its disposal. 9. The Transfer Application is allowed with no order as to costs. Order Date :- 20.5.2025 SSharma Digitally signed by :- SUNIL KUMAR SHARMA High Court of Judicature at Allahabad