Neutral Citation No. - 2025:AHC:138972 Court No. - 37 Case :- TRANSFER APPLICATION (CIVIL) No. - 816 of 2022 Applicant :- Smt. Rashmi Opposite Party :- Vivek Kumar Counsel for Applicant :- Ashish Pandey Counsel for Opposite Party :- Kuldeep Kumar Hon'ble Chandra Kumar Rai,J. 1. Heard learned counsel for the applicant-wife and Mr. Rahul Jain, learned counsel, holding the brief of Mr. Kuldeep Kumar, learned counsel for the opposite party-husband. 2. Brief facts of the case are that applicant is a wife and opposite is a husband. Proceeding under Section 13 of Hindu Marriage Act, initiated at the instance of opposite party/husband is pending in the Family Court, Hapur. 3. The instant transfer application for the following relief:- "It, is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and transfer the Divorce Suit No.454/2021 (Vivek Kumar Vs. Smt. Rashmi), under section 13 of Hindu Marriage Act, from the Court of Principal Judge, Family Court, Hapur to Principal Judge, Family Court, Bulandshahr, otherwise petitioner will suffer irreparable loss and injury." 4. This Court entertained the matter on 22.11.2022 and stayed the further proceeding of the case No. 454 of 2021. The order dated 22.11.2022 is quoted as under: "This transfer application has been moved by the wife, seeking transfer of Case No. 454 of 2021, Vivek Kumar vs. Smt. Rashmi, under Section 13 of the Hindu Marriage Act from the Principal Judge, Family Court, Hapur to the Principal Judge, Family Court at Bulandshahr. It is pointed out by the learned counsel for the applicant that there are three cases pending inter partes at Bulandshahr, details whereof are mentioned in paragraph no. 11 of the affidavit filed in support of the application, and in case, the proceedings at Hapur are moved to Bulandshahr, it would be convenient for both parties to suit their cases there on merits. The parties can request the Court(s) concerned at Bulandshahrto fix a uniform date, which would contribute much to ease the strife that litigation brings. It is next submitted by the learned counsel for the applicant that she stays with her father at Bulandshahr, and not in a position, physically or financially to defend outstation proceedings at Hapur. It is also urged that convenience of the wife about the venue in a matrimonial cause has to be accorded priority. Admit. Issue notice. Notice is made returnable on 21.12.2022. Steps be taken both ways within a week. List for orders on 21.12.2022 in the additional cause list along with a report regarding service and the postal track attached. Until further orders, the proceedings of Case No. 454 of 2021, Vivek Kumar vs. Smt. Rashmi, under Section 13 of the Hindu Marriage Act, pending before the Court of the Principal Judge, Family Court, Hapur shall remain stayed." 5. Learned counsel for the applicant submitted that proceeding of case under Section 13 of the Hindu Marriage Act, initiated by the opposite party-husband should be transferred from Hapur to the competent court at Bulandshahr. He further placed paragraph Nos.9 to 14 of the affidavit filed in support of the instant transfer application in order to demonstrate that proceeding of case under Section 13 of the Hindu Marriage Act should be transferred from Hapur to Bulandshahr. 6. 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 Hapur to Bulandshahar so that the pending proceeding can be decided expeditiously. 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, initiated by opposite party/husband is pending at Family Court, Hapur. 9. In order to appreciate the controversy, perusal of paragraph nos.9 to 14 of the affidavit filed in support of the instant transfer application will be relevant which are as under:- "9. That at the present time the petitioner lives with her father at his residence which is 272, Village Kisoli, District Bulandshahr, U.P. because the respondent has kicked out the petitioner and threatened her not to come back to his home. 10.That it is relevant to mention here that it is very difficult for petitioner being a lady to attend the court proceeding at each and every date because of long distance between District Bulandshahr to District Hapur. 11.That the petitioner has instituted many proceeding against the respondent before District Court, Bulandshahr that are: (I) the proceeding under section 125 Cr.P.C. for maintenance (Smt. Rashmi Vs. Vivek Kumar) filed in year 2021 and that is pending before Principal Judge Family Court, Bulandshahr, (II) A complaint case under section 406 IPC (Smt. Rashmi Vs. Vivek Kumar and others) filed in year 2021 and that is pending before Ist-Additional Civil Judge (Junior Division), Bulandshahr, (III) A complaint case under section 12 of Domestic Violence Act (Smt. Rashmi Vs. Vivek Kumar and others) filed in year 2021 and that is also pending before Civil Judge (Junior Division)-1st, Bulandshahr and (IV) A first information report has been lodged by the petitioner on 30.09.2021 against the respondent and his family members in Case Crime No.203/2021 under section 498-A, 323, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Agauta, District Bulandshahr. 12. That it is relevant to submit here that there are four cases going on in District Court, Bulandshahr and petitioner also lives in District Bulandshahr at the residence of his father and petitioner is a housewife and she has no any source of income and it is very difficult for the petitioner to travel such a long distance for single case in District Court, Hapur. 13. That it will be convenient for the petitioner to proceed all cases at District Court, Bulandshahr because petitioner lives in District Bulandshahr and visiting to District Court, Hapur will also result in harassment and mental pain and as petitioner does not have any source of income therefore it is also very difficult for her to spent money on travelling and transport. 14. That on each date the family of respondent used to quarrel and abuse the petitioner outside the District Court, Hapur which causes harassment to the petitioner." 10. Perusal of paragraphs Nos.9 to 14 of the affidavit filed in support of the instant application as quoted above demonstrate that prayer regarding transfer of the proceeding from Hapur to Bulandshahr at the instance of applicant/wife is genuine coupled with the fact that opposite party/husband has no objection to the prayer of transfer made by the applicant. 11. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Divorce Suit No.454/2021 (Vivek Kumar Vs. Smt. Rashmi), under section 13 of Hindu Marriage Act, pending in the court of Principal Judge, Family Court, Hapur is transferred to Bulandshahar. The Family Court, Hapur is directed to transmit the record of the case to the Family Court at Bulandshahar forthwith. The Family Court, Bulandshahr 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 :- 14.8.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad