Neutral Citation No. - 2025:AHC:124700 Court No. - 37 Case :- TRANSFER APPLICATION (CIVIL) No. - 939 of 2022 Applicant :- Mamta Rani@ Mamta Gaur Opposite Party :- Jai Prakash Counsel for Applicant :- Amish Kumar Srivastava,Rajesh Kumar Srivastava Counsel for Opposite Party :- Abhay Pratap Singh,Brij Bhushan Prasad Shrivastava,Keshawa Prasad Pandey,Krishna Chandra Pandey,Santosh Kumar Tiwari Hon'ble Chandra Kumar Rai,J. 1. Heard learned counsel for the applicants and Mr. Krishna Chandra Pandey, learned counsel for the opposite party. 2. Brief facts of the case are that husband of the applicant has expired during Covid-19 Pandemic on 31.08.2020. The proceeding of Guardianship Wards Petition No.32 of 2022 under Section 10 of Guardianship and Wards Act (Jai Prakash Vs. Mamta Rani and others) has been initiated by opposite party-Father-in-law at Deoria. Hence this transfer application has been filed with the prayer to transfer the Guardianship Wards Petition No.32 of 2022 under Section 10 of Guardianship and Wards Act (Jai Prakash Vs. Mamta Rani and others) from the court of Principal Judge, Family Court, Deoria to Family Court District-Fatehpur. 3. This Court entertained the matter on 03.10.2024 and stayed the further proceeding of the Case. The order dated 03.10.2024 is quoted as under: "Heard Sri Amish Kumar Srivastava, learned counsel for the applicant, Sri Krishna Chandra Pandey, learned counsel for opposite party and perused the record. This transfer application has been filed by the applicant seeking transfer of Guardianship Petition No. 32 of 2022 (Jai Prakash Versus Mamta Rai and others), under Section 10 of Guardianship and Wards Act, 1984 from the Court of Principal Judge, Family Court, Deoria to Family Court, Fatehpur. It is submitted by learned counsel for the applicant that there is good chance of amicable settlement of dispute outside the Court. It is further submitted that the case may be referred to Mediation and Conciliation Centre, High Court, Allahabad for taking an effort for settlement between the parties. Sri Krishna Chandra Pandey, learned counsel appearing on behalf of opposite party states that opposite party has no objection, if the matter is referred to the Mediation and Conciliation Centre, High Court, Allahabad for amicable settlement between the parties. In view of above submissions made by learned counsel for the parties, the matter is hereby referred to Mediation and Conciliation Centre, High Court, Allahabad. Mediation Centre is expected to conclude its proceedings within two months. Both the parties are directed to appear before the Mediation and Conciliation Centre, High Court, Allahabad on 16.10.2024. List after three months along with report of Mediation Centre before appropriate Bench. This case shall not be treated as part heard/tied up to this Bench. Till the next date of listing, further proceedings of Guardianship Petition No. 32 of 2022 (Jai Prakash Versus Mamta Rai and others), under Section 10 of Guardianship and Wards Act, 1984 pending in the Court of Principal Judge, Family Court, Deoria, shall remain stayed. " 4. Learned counsel for the applicant submitted that the proceeding of Guardianship Wards Petition No.32 of 2022 under Section 10 of Guardianship and Wards Act is pending at Deoria. He further submitted that applicant is living with her minor kid in her parental house at Fatehpur. He further submitted that the instant transfer application has been filed with prayer to transfer the case from Deoria to Fatehpur as applicant is suffering from heart disease and she is not able to undertake distance of 400 Km. from Fatehpur to Deoria. He further placed the copy of medical prescriptions, which are annexed along with transfer application. The other grounds relating to financial hardship of the applicant have also taken in the transfer application. 5. Mr. Krishna Chandra Pandey, learned counsel for the opposite party submitted that he has no objection if the pending proceeding of the case, initiated by opposite party is transferred from Deoria to Fatehpur 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 record. 7. There is no dispute about the fact that proceeding of Guardianship Wards Petition No.32 of 2022 under Section 10 of Guardianship and Wards Act initiated by Father-in-law of the applicant is pending at family Court, Deoria. There is also no dispute about the fact that matter was referred in Mediation Center for mediation but mediation has failed. 8. After perusal of the averment made in the affidavit regarding transfer of the proceeding from Deoria to Fatehpur, Court has found that the prayer of the applicant/wife for transfer the case from Deoria to Fatehpur is genuine coupled with the fact that opposite party has no objection to the prayer of transfer made by the applicant. 9. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Guardianship Wards Petition No.32 of 2022 under Section 10 of Guardianship and Wards Act pending in the court of Principal Judge Family Court, Deoria is transferred from the court of Principal Judge, Family Court, Deoria to Family Court District- Fatehpur. The Family Court, Deoria is directed to transmit the record of the case to family Court Fatehpur forthwith. The family Court Fatehpur is directed to decide the aforementioned proceeding of Guardianship Wards Petition No.32 of 2022 in accordance with law expeditiously preferably within a period of four months from the date of production of certified copy of this order. Order Date :- 25.7.2025 PS* Digitally signed by :- PRITI SHARMA High Court of Judicature at Allahabad