Neutral Citation No. - 2025:AHC:131778 Court No. - 37 Case :- TRANSFER APPLICATION (CIVIL) No. - 801 of 2023 Applicant :- Smt.Menka Opposite Party :- Brijmohan Lal Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- Sushil Kumar Pandey Hon'ble Chandra Kumar Rai,J. 1. Heard Sri Avinash Pandey, learned counsel for applicant and Sri Sushil Kumar Pandey, learned counsel for opposite party. 2. Brief facts of the case are that applicant is wife and opposite party is husband. The proceeding under Section 13 of the Hindu Marriage Act, 1955 was initiated in the Court of Principal Judge Family Court, Muzaffar Nagar by opposite party/husband. The instant transfer application has been filed for the following reliefs:- "It is therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow this application and transfer the Case No. 281 of 2023 (Brijmohan Lal vs. Smt. Menka), under Section 13 Hindu Marriage Act, 1955, District-Muzaffarnagar, pending in the Court of Principal Judge, Family Court, Muzaffarnagar from the Principal Judge, Family Court, Muzaffarnagar to Principal Judge, Family Court, Shamli in the interest of justice." 3. This Court entertained the matter on 09.10.2023 and stayed the further proceeding of Divorce Petition pending in the Court of Principal Judge Family Court, Muzaffarnagar. 4. In pursuance of the order dated 09.10.2021, the parties have exchanged their affidavits. 5. Learned counsel for applicant submitted that in view of the pendency of the proceeding between the parties at Shamli, the proceeding initiated by opposite party/husband under Section 13 of the Hindu Marriage Act, 1955 at Muzaffarnagar should be transferred to District Shamli. He placed the averment made in paragraph nos. 7, 8, 12, 13,14, 15, 16 & 17 of the affidavit filed in support of the instant transfer application in order to demonstrate that proceeding for divorce initiated by opposite party/husband at Muzaffarnagar should be transferred to Shamli. 6. On the other hand, learned counsel appearing for opposite party/husband submitted that opposite party/husband has no objection, if the proceeding initiated under Section 13 of Hindu Marriage Act, 1955 is transferred from Muzaffarnagar to Shamli. 7. I have considered the arguments advanced by the learned counsel for the parties and perused the records. 8. There is no dispute about the fact that proceeding under Section 13 of the Hindu Marriage Act, 1955 initiated at the instance of opposite party/husband is pending in the Court of Principal Judge Family Court, Muzaffarnagar. 9. Perusal of the averment made in paragraph nos. 12 to 17 of the affidavit filed in support of the instant transfer application will be relevant which are as under:- "12. That it is submitted that daughter of applicant Anaya aged about 9 years is suffering from heart problems and is under treatment and every month more than Rs. 2000/- expends for medicine and time to time also expends other charges i.e. doctor fee, investigation. True copy of medical papers of applicant's daughter Anaya is being filed here with and marked as Annexure No. 6 to this affidavit. 13. That it is submitted that applicant has no source of income and she depend upon her father while her minor daughter is facing heart problems since long time which is expensive disease and looking to her treatment expenses, study expenses and other expenses applicant is facing tuff problems. 14. That the applicant is lady has no source of income. It is further submitted that opposite party is giving only Rs. 3000/- per month which is not excessive and at present applicant is totally depend upon her father. 15. That it is further submitted that applicant's father is old age farmer and he also has no source of income except farming. 16. That it is further submitted that there is more distance between applicant's village and Muzaffarnagar District Court and in absence of any source of income applicant is not in absence of any source of income applicant is not in position to contest her case in Muzaffarnagar. 17. That it is also submitted that father of applicant is old age person suffering health problems so it is very difficult to each and every date applicant who is lady attend the Court alone while there is more distance between applicant's village and Muzaffarnagar District Court and her daughter is also facing heart problems." 10. From the perusal of the averment made in the affidavit filed in support of the instant transfer application as quoted above, case for transfer from Muzaffarnagar to Shamli is made coupled with the fact that opposite party/husband has no objection to the prayer of transfer made by applicant/wife. 11. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Case No. 281 of 2023 (Brijmohan Lal vs. Smt. Menka), under Section 13 of Hindu Marriage Act, 1955, pending in the Court of Principal Judge, Family Court, Muzaffarnagar is transferred to Family Court Shamli. The Principal Judge Family Court, Muzaffarnagar is directed to transmit the record of the Case No. 281 of 2023 forthwith to Family Court Shamli. The Family Court, Shamli is directed to decide the Case No. 281 of 2023 under Section 13 of the Hindu Marriage Act, 1955 after affording proper opportunity of hearing to both the parties expeditiously. Order Date :- 5.8.2025 Neetu Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad