Neutral Citation No. - 2025:AHC:118002 Court No. - 37 Case :- TRANSFER APPLICATION (CIVIL) No. - 407 of 2024 Applicant :- Smt Navita Srivastava Opposite Party :- Puneet Kumar And Another Counsel for Applicant :- Ran Vijay Singh Counsel for Opposite Party :- Ashwani Kumar Sachan,Saurabh Sachan Hon'ble Chandra Kumar Rai,J. 1. Heard Sri Ran Vijay Singh, learned counsel for the applicant (wife) and Sri Saurabh Sachan, learned counsel for respondent no. 1 (husband). 2. Brief facts of the case are that proceeding under Section 13 of the Hindu Marriage Act, 1955 initiated at the instance of respondent no. 1(husband) is pending before the Court of Principal Judge Family Court, Kanpur Nagar. Proceeding of Case No. 3317 of 2023 filed under Section 9 of the Hindu Marriage Act at the instance of the applicant (wife) is pending before the Court of Principal Judge Family Court, Lucknow. Proceeding under Section 125 of the Code of Criminal Procedure, 1973 initiated at the instance of the applicant (wife) is also pending in the Court of Principal Judge Family Court, Lucknow. The instant Transfer Application has been filed for the following reliefs:- "Wherefore, it is most respectfully prayed that, this Hon'ble Court may graciously be pleased to allow the present Transfer Application by transmitting the record of Regular Suit No. 1246 of 2023 titled as Puneet Kumar Vs. Navita Srivastava and another, under Section 13 Hindu Marriage Act, 1955 pending before the Court of Principal Judge Family Court, Lucknow, having equal jurisdiction in the matter." 3. This Court vide order dated 09.07.2024 entertained the matter and stayed the further proceeding of Case No. 1246 of 2023 under Section 13 of the Hindu Marriage Act, 1955 pending before Principal Judge Family Court, Kanpur Nagar. In pursuance of the order of this Court dated 09.07.2024, parties have exchanged their affidavits. 4. Learned counsel for the applicant submitted that two cases are already pending at Lucknow between the parties, as such instant proceeding under Section 13 of the Hindu Marriage Act, 1955 initiated by the opposite party no. 1 (husband) at Kanpur Nagar should be transferred from Kanpur Nagar to Lucknow. 5. On the other hand, Sri Saurabh Sachan, learned counsel for the opposite party no. 1 (husband) submitted that no case to transfer the proceeding from Kanpur Nagar to Lucknow is made out, as such the instant transfer application should be rejected. He further submitted that the instant transfer application has been filed in order to harass the opposite party no. 1 as well as to linger on the proceeding of Section 13 of the Hindu Marriage Act. He submitted that the proceeding under Section 13 of the Hindu Marriage Act, 1955 initiated by the opposite party no. 1 (husband) has been withheld due to the interim order granted by this Court, as such instant transfer application should be dismissed. 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 facts that proceeding under Section 9 of the Hindu Marriage Act and Section 125 of the Code of Criminal Procedure, 1973 initiated at the instance of the applicant are pending at Lucknow and subsequent proceeding initiated under Section 13 of the Hindu Marriage Act, 1955 at the instance of the opposite party no. 1 is pending at Kanpur Nagar. 8. Considering the facts that two cases between the applicant and opposite party no. 1 are already pending at Lucknow, as such the interest of justice requires that the proceedings which have been initiated by the opposite party (husband) at Kanpur Nagar should be transferred at Lucknow, so that all the three proceedings can be decided by the same Court in accordance with law. 9. Considering the entire facts and circumstances of the case, the instant transfer application is allowed and the proceeding of Case No. 1246 of 2023 Punit Kumar Vs. Navita Srivastava and Another under Section 13 of the Hindu Marriage Act, 1955 pending in the Court of Principal Judge Family Court, Kanpur Nagar is transferred to the Court of Principal Judge Family Court, Lucknow. Principal Judge Family Court, Kanpur Nagar is directed to transmit the record of aforementioned proceeding forthwith to the Court of Principal Judge Family Court, Lucknow. Principal Judge Family Court, Lucknow is directed to conclude all the three proceedings expeditiously, preferably within a period of six months from the date of production of a certified copy of this order. Order Date :- 21.7.2025 Neetu Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad