Neutral Citation No. - 2025:AHC:131554 Court No. - 37 Case :- TRANSFER APPLICATION (CIVIL) No. - 892 of 2022 Applicant :- Smt.Kritika Srivastava Opposite Party :- Ashish Kumar Srivastava Counsel for Applicant :- Debee Shanker Pandey,Santosh Kumar Tiwari Hon'ble Chandra Kumar Rai,J. 1. Heard Sri Debee Shanker Pandey, learned counsel for applicant. 2. Brief facts of the case are that applicant is wife and opposite party is husband. The proceeding under Section 9 of the Hindu Marriage Act, 1955 has been initiated in the Court of Principal Judge Family Court, Gautam Budh Nagar by opposite party/husband. 3. The instant transfer application has been filed on behalf of wife/applicant for the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present Civil Misc. Transfer Application and transfer the Case No. 1165 of 2022 (Ashish Kumar Srivastava Versus Smt. Kritika Srivastava) under Section 9 of Hindu Marriage Act pending in the Court of Principal Judge Family Court, Gautam Budh Nagar to the Civil Court District Gorakhpur." 4. This Court entertained the matter on 07.09.2022 and stayed the further proceeding of Case No. 1165 of 2022 under Section 9 of the Hindu Marriage Act, 1955. 5. Learned counsel for applicant submitted that proceedings are already pending between the applicant and opposite party at Gorakhpur, as such proceeding under Section 9 of the Hindu Marriage Act initiated by opposite party at Gautam Budh Nagar should be transferred from Gautam Budh Nagar to Gorakhpur. He placed the averment made in paragraph nos. 14, 15, 16, 17 & 18 of the affidavit filed in support of the instant transfer application in order to demonstrate that proceeding of Section 9 of the Hindu Marriage Act, 1955 should be transferred from Gautam Budh Nagar to Gorakhpur. He submitted that instant transfer application should be allowed and the proceeding under Section 9 of the Hindu Marriage Act, 1955 should be transferred from Gautam Budh Nagar to Gorakhpur. 6. I have considered the argument advanced by the counsel for the applicant and perused the record. 7. There is no dispute about the fact that proceeding under Section 9 of the Hindu Marriage Act, 1955 initiated by the opposite party/husband is pending in the Court of Principal Judge Family Court, Gautam Budh Nagar. 8. In order to appreciate the controversy involved in the matter, perusal of paragraph nos. 16, 17, 18 & 19 of the affidavit filed in support of instant transfer application will be relevant which are as under:- "16. That, presently the applicant is residing to her parental house along with her baby and she is surviving on behalf of her parents. 17. That, the applicant is a house wife and she has no source of income and it is very difficult for the Applicant to pursue the case from District Gorakhpur to Gautam Budh Nagar. 18. That, the applicant has no source of income, therefore, it is impossible for her to pursue the case at District Gautam Budh Nagar from District Gorakhpur, where she is residing with her parents. 19. That, it is made clear that the applicant is surviving anyhow her life along with her baby and in these circumstances it is not possible for the Applicant to travel from Gorakhpur to Gautam Budh Nagar to pursue the case filed by the opposite party under Section 9 of Hindu Marriage Act." 9. Notice was issued to the opposite party, but nobody has put in appearance although service of notice is sufficient upon the opposite party/husband. No counter affidavit has been filed denying the averment made in the affidavit filed in support of the instant transfer application. 10. Considering the averments made in paragraph nos. 16 to 19 of the affidavit filed in support of instant transfer application as quoted above, the case for transfer of the proceeding from Gautam Budh Nagar to Gorakhpur is made out. 11. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Case No. 1165 of 2022 under Section 9 of the Hindu Marriage Act, 1955 is transferred from the Court of Principal Judge Family Court Gautam Budh Nagar to Family Court at District Gorakhpur. The Principal Judge, Family Court, Gautam Budh Nagar is directed to transmit the record of Case No. 1165 of 2022 forthwith to the Family Court, Gorakhpur. The Family Court, Gorakhpur is directed to decide the proceeding of Case No. 1165 of 2022, under Section 9 of 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 Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad