Neutral Citation No. - 2025:AHC:131944 Court No. - 37 Case :- TRANSFER APPLICATION (CIVIL) No. - 245 of 2025 Applicant :- Vidhi Malik Opposite Party :- Siddharth Kumar Counsel for Applicant :- Kapil Kumar,Nitika Sharma Counsel for Opposite Party :- Rishab Agrawal,Vinayak Mithal Hon'ble Chandra Kumar Rai,J. 1. Heard learned counsel for the applicant-wife and Mr.Rishabh Agrawal, learned counsel for the opposite party- husband. 2. The instant transfer application has been filed with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application, transfer the (Hindu Marriage Act) Case No.674 of 2024, Siddharth Vs. Vidhi Malik, under Section 9 of The Hindu Marriage act 1955 from the court of Learned Principal Judge, Family Court, Meerut to the court having competent jurisdiction at District Ghaziabad; It is further prayed that further proceedings of Case No. 674 of 2024, Siddharth Vs. Vidhi Malik, under Section 9 of The Hindu Marriage act 1955 be stayed during the pendency of the present transfer application before this Hon'ble Court, otherwise the applicant shall suffer irreparable loss and injury." 3. This Court entertained the matter on 21.4.2025 and issued notice to the opposite party. The order dated 21.4.2025 is quoted as under: "1. Heard learned counsel for the applicant. 2. Issue notice to the opposite party returnable within four weeks. Steps be taken within a week. 3. List this case on 1.7.2025." 4. Learned counsel for the applicant submitted that proceeding of case under Section 9 of the Hindu Marriage Act, 1955, initiated by the opposite party-husband should be transferred from the court of Principal Judge, Family Court, Meerut to the competent court at Ghaziabad. He further placed paragraph Nos.5, 6, 7, 8 & 10 of the affidavit filed in support of the instant transfer application in order to demonstrate that proceeding of case under Section 9 of the Hindu Marriage Act, 1955 should be transferred from Meerut to Ghaziabad. 5. Mr. Rishabh Agrawal, learned counsel for the opposite party submitted that opposite party/ husband has no objection if the pending proceeding of the case, initiated by opposite party/husband, is transferred from Meerut to Ghaziabad so that the pending proceeding can be decided expeditiously. 6. I have considered the arguments advanced by the learned counsel for the parties and perused the records. 7. There is no dispute about the fact that proceeding under Section 9 of the Hindu Marriage Act initiated by opposite party/husband is pending at Family Court, Meerut. 8. In order to appreciate the controversy, perusal of paragraph nos.5, 6, 7, 8 & 10 of the affidavit filed in support of the instant transfer application will be relevant which are as under:- "5. That, the applicant has filed petition under section 13 Hindu Marriage Act, bearing no. 1662 of 2024 (Vidhi Malik Vs. Siddharth Kumar) on 01.07.2024, petition under section 125 Cr.P.C. bearing complaint no. 611 of 2024 (Smt. Vidhi Malik Vs. Siddharth) on 26.06.2024, complaint case no. 291 of 2024 under section 12 D.V. Act on 14.06.2024 and petition under section 25 Hindu Marriage Act bearing case no. 234 of 2024 before the Principal Judge Family Court Ghaziabad on 02.07.2024. A copy of the petitions filed by the applicant against the party is being filed herewith and marked as Annexure No. 2 to this affidavit. 6. That it is relevant to mention here that the present marriage petition under section 9 of Hindu Marriage Act has been filed just to harass and torture because the applicant lives in Delhi. She does not live in Meerut. 7. That the distance of Delhi to Meerut is more than 100KM and the applicant is not in position to travel the same from Delhi to Meerut for contesting the aforesaid marriage petition. 8. That, the applicant has filed four cases against the opposite party at Ghaziabad and after having knowledge about these four cases the opposite party has filed the present marriage petition against the applicant for only grudge of harassing the applicant. 10. That, it is also relevant to mention here that the applicant is single lady and there is noone with her to do pairvi of the case and the opposite party is regularly giving the threat to the applicant and because of fear and aloneness she could not come at Meerut and do pairvi of the present case." 9. Perusal of paragraphs Nos.5, 6, 7, 8 & 10 of the affidavit filed in support of the instant application as quoted above demonstrate that prayer regarding transfer of the proceeding from Meerut to Ghaziabad at the instance of applicant/wife is genuine couple with the fact that opposite party/husband has no objection to the prayer of transfer made by the applicant. 10. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Case No.674 of 2024, Siddharth Vs. Vidhi Malik, under Section 9 of The Hindu Marriage act 1955, pending in the court of Principal Judge, Family Court, Meerut is transferred to the Family Court, Ghaziabad. The Family Court, Meerut is directed to transmit the record of the case to the Family Court at Ghaziabad forthwith. The Family Court, Ghaziabad is directed to conclude the aforementioned matrimonial proceeding to its logical conclusion as expeditiously as possible, after affording opportunity of hearing to both the parties, in accordance with law. Order Date :- 5.8.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad