Neutral Citation No. - 2025:AHC:139088 Court No. - 37 Case :- TRANSFER APPLICATION (CIVIL) No. - 983 of 2023 Applicant :- Smt. Nishtha Sharma Opposite Party :- Shalin Mudgal Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- Ankit Pathak,Girja Shanker Sen,Krishna Dutt Awasthi Hon'ble Chandra Kumar Rai,J. 1. Heard Sri Rakesh Pati Tiwari, learned counsel for applicant and Sri Ankit Pathak, 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 initiated at the instance of opposite party/husband is pending in the Court of Principal Judge Family Court, Sambhal at Chandausi. 3. The instant transfer application has been filed for the following reliefs:- "It is therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and transfer the case bearing Case No. 61 of 2023 (Shalin Mudgal Vs. Nistha Sharma), under Sections 13 (1) Hindu Marriage Act, 1955, pending in the Court of Family Court, Sambhal at place Chandausi Court to having competent jurisdiction at District Bareilly." 4. This Court entertained the matter on 14.12.2023 and stayed the further proceeding of case no. 61 of 2023 pending in the Court of Family Court, Sambhal at Chandausi. The interim order dated 14.12.2023 is quoted as under:- "1. Heard learned counsel for the applicant. 2. The present application has been filed by the applicant-wife seeking transfer of Case No.61 of 2023 (Rakesh Pati Tiwari Vs. Smt. Nishtha Sharma), under Section 13(1) of Hindu Marriage Act pending in the court of Principal Judge, Family Court, Sambhal at Chandausi to the court of Principal Judge, Family Court, Bareilly. 3. It is submitted by the learned counsel for the applicant that two proceedings; one under Section 125 of Cr.P.C. and another under Section 12 of Domestic Violence Act have been instituted by the applicant against the opposite party at Bareilly whereas opposite party has instituted the divorce petition at District, Sambhal. It is submitted that the applicant is residing with her aged parents at Bareilly and distance Bareilly to Sambhal is about 150 kilometres and applicant has no source of income to meet the litigation expenses and other expenses which is to be incurred in travelling from Bareilly to Sambhal to contest the case instituted by opposite party at Sambhal on each and every date fixed in the matter. It is further submitted that no amount towards maintenance is being paid to the applicant by the opposite party. Thus, the submission is that if the case is allowed to be proceeded at Sambhal, applicant would suffer serious prejudice. 4. Matter requires consideration. 5. Issue notice to respondent/opposite party returnable at an early date. 6. Steps by both modes i.e. ordinary post as well as R.P./A.D. be taken for service of notice upon respondent/opposite party within ten days. 7. Opposite party is granted four weeks time to file counter affidavit. 8. List on 08.02.2024. 9. In case steps are not taken within the aforesaid period, the matter shall be listed under Chapter XII Rule 4 of the Allahabad High Court Rules immediately after expiry of ten days. 10. Until further orders of this Court, further proceeding of Case No.61 of 2023 (Rakesh Pati Tiwari Vs. Smt. Nishtha Sharma), under Section 13(1) of Hindu Marriage Act pending in the court of Principal Judge, Family Court, Sambhal at Chandausi shall remain stayed." 5. In pursuance of the order dated 14.12.2023, opposite party has filed his counter affidavit. 6. Learned counsel for applicant submitted that in view of the pendency of the proceeding between the parties Sambhal at Chandausi, the proceeding under Section 13 of the Hindu Marriage Act, 1955 initiated by opposite party/husband in Family Court, Sambhal at Chandausi should be transferred to Family Court, Bareilly. He placed the averment made in paragraph nos. 3, 9, 10, 11, 12, 13, 14 & 15 of the affidavit filed in support of the instant transfer application in order to demonstrate that proceeding should be transferred from Sambhal at Chandausi to Bareilly. 7. On the other hand, learned counsel appearing for opposite party/husband submitted that correct averment has not been made in the affidavit filed in support of the instant transfer application, as such applicant is not entitled to any relief in the matter. He further submitted that after filing the instant transfer application two proceedings have also been transferred to Bareilly on the ground of pendency of instant transfer application. He next submitted that in view of the concealment of fact in the instant transfer application, the transfer application filed by applicant should be rejected. 8. I have considered the arguments advanced by the learned counsel for the parties and perused the records. 9. There is no dispute about the fact that proceeding between 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, Sambhal at Chandausi. There is also no dispute abut the fact that two proceedings between the parties which were initiated in Aawla Tehsil, District-Bareilly have been transferred to Family Court, Bareilly. 10. In order to appreciate the controversy involved in the matter, perusal of the averment made in paragraph nos. 3, 9, 10, 11, 12, 13, 14 & 15 of the affidavit filed in support of the instant transfer application will be relevant which are as under:- "3. That by means of this application, the application is seeking transfer of case bearing Case No. 61 of 2023 (Shalin Mudgal Vs. Nistha Sharma), under Sections 13(1) Hindu Marriage Act, 1955, pending in the Court of Family Court, Sambhal at place Chandausi to Court having competent jurisdiction at District Bareilly on the amongst ground: I. The applicant is a resident of District Bareilly and no one is available to travel with her. II. The applicant is poor lady and it is a very difficult to travel from Bareilly to Sambhal, and on the basis of the decision of the Hon'ble Supreme Court in the case of Sumita Singh Versus Kumar Sanjay and another, the Hon'ble Apex Court held the convince of wife is to be noted. III. That other cases i.e. a) Application case no. 196 of 2021, Smt. Nishtha Sharma Vs. Shalin Mudgal, under Section 125 Cr.P.C., P.S. Aonla, District Bareilly for grant of maintenance, pending before Principal Judge, Family Court, Bareilly. b) F.I.R. dated 19.01.2021, being case crime no. 22 of 2021, u/s 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Statiion Aonla, District Barilly. Iv. That the applicant has no earning and facing very hardship and facing critical because her parents died. 9. That it is relevant to mention here that the opposite party not given amount to the applicant as maintainable till today. 10. That the applicant is poor and helpless lady and at present the applicant has no source of income and she is facing very hardship to meet out her routine as well as this unwarranted litigation. 11. That it is relevant to mention here that when the applicant went to District Sambhal from her case, the opposite party with others always harassing the applicant and on 18.10.2023 she gave and application to S.P. Chandausi and S.H.O P.S. Kotwali, District Sambhal. A copy of the application, dated 18.10.2023 along with postal receipt given by the applicant is being filed herewith and marked as Annexure no. 3 to this affidavit. 12. That on 28.10.2023 the applicant also given application to S.S.P. Bareilly. A copy of the application given by the applicant before S.S.P. Bareilly, dated 28.10.2023 is being filed herewith and marked as Annexure No. 4 to this affidavit. 13. That the applicant is poor lady and it is a very difficult to travel from Sambhal to Bareilly, because there is danger of life for her and on the basis of the decision of the Hon'ble Supreme Court in the case of Sunita Singh Versus Kumar Sanjay and another, the Hon'ble Apex Court held the convince of wife is to be noted. 14. That due to unemployment and financial, the applicant is not able to attend each and every date which was fixed by the Principal Judge, Family Court, Chandausi at District Sambhal. 15. That if the applicant will go any how to attend the date which was fixed by the Principal Judge, Family Court, Sambhal, she might be subjected of cruelty and any mis-happening may happened with her." 11. Considering the facts mentioned in the affidavit as well as fact that two cases which were pending in the Aawla Tehsil have already been transferred to Family Court, Bareilly, the proceeding initiated by opposite party/husband under Section 13 of the Hindu Marriage Act in Sambhal at Chandausi should be transferred to Bareilly so that parties may attend all the cases at one place i.e. in the Family Court at Bareilly. 12. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Case No. 61 of 2023 (Shalin Mudgal Vs. Nistha Sharma), under Section 13 of Hindu Marriage Act, 1955, pending in the Family Court, Sambhal at Chandausi is transferred to Family Court Bareilly. The Family Court, Sambhal at Chandausi is directed to transmit the record of the Case No. 61 of 2023 forthwith to Family Court Bareilly. The Family Court, Bareilly is directed to decide the Case No. 61 of 2023 under Section 13 of the Hindu Marriage Act, 1955 after affording proper opportunity of hearing to both the parties expeditiously. Order Date :- 14.8.2025 Neetu Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad