Neutral Citation No. - 2025:AHC:139090 Court No. - 37 Case :- TRANSFER APPLICATION (CIVIL) No. - 463 of 2024 Applicant :- Deeksha Chaudhary Opposite Party :- Pradeep Kumar Counsel for Applicant :- Sushil Dubey Counsel for Opposite Party :- Anjani Kumar Shukla,Ramesh Kumar Ojha,Surendra Narayan Mishra Hon'ble Chandra Kumar Rai,J. 1. Heard Sri Sushil Dubey, learned counsel for applicant and Sri Anjani Kumar Shukla, learned counsel for opposite party/husband. 2. Brief facts of the case are that applicant is wife and opposite party is husband. Proceeding under Section 11 of the Hindu Marriage Act initiated at the instance of opposite party/husband is pending in the Court of Principal Judge Family Court at Aligarh. 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 Marriage Petition No. 20 of 2024 (Pradeep Kumar Versus Deeksha Chaudhary) under Section 11 of the Hindu Marriage Act from the Court of Principal Judge Family Court, Aligarh to the Court having jurisdiction of Principal Judge Family Court at Bulandshahar." 4. This Court entertained the matter and passed the following interim order on 31.05.2024:- "1. Heard learned counsel for the applicant. 2. The present application has been filed seeking transfer of Suit No. 726 of 2023 (Amit Kumar Vs. Preeti Chaudhary), under Section 13 of the Hindu Marriage Act from the court of learned Family Judge, Family Court, Kanpur Dehat to the competent Court of Principal Judge, Kanpur Nagar. 3. The transfer has been sought citing inconvenience of the applicant. 4. In view of the decisions of Supreme Court in the cases of Rajni Kumari v. Raghvinder Sahay alias Babu, (2011) 11 SCC 176, Anjali Ashok Sadhwani v. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374, Fatema v. Jafri Syed Husain (Parvez), AIR 2009 SC 1773, Mona Aresh Goel vs. Aresh Satya Goel, (2000) 9 SCC 255, Sumita Singh vs. Kumar Sanjay and another, (2001) 10 SCC 41 and Vaishali Shridhar Jagtap vs. Shridhar Vishwanath Jagtap, (2016) 14 SCC 356, prima facie case for indulgence stands made out, however, final opinion regarding transfer of the concerned case shall be made only after hearing the other side. 5. Issue notice to the opposite party(ies). Steps be taken by ordinary post as well as by registered speed post within ten days. In case, steps are not taken, the case shall be listed under Chapter XII Rule 4 of the High Court Rules. 6. Four weeks' time is granted to the opposite party(ies) for filing counter affidavit 7. Two weeks' time, thereafter is granted to the applicant for filing rejoinder affidavit. 8. Till the next date of listing, further proceedings of aforesaid case shall remain stayed. 9. List this case in February, 2025 before appropriate Bench". 5. Learned counsel for the applicant submitted that in view of the averments made in paragraph nos. 16 to 21 of the affidavit filed in support of instant transfer application the proceeding under Section 11 of Hindu Marriage Act should be transferred from Aligarh to Bulandshahar. 6. Sri Anjani Kumar Shukla, learned counsel for opposite party/husband submitted that opposite party/husband has no objection to the prayer made by the applicant/wife in the instant transfer application. 7. I have considered the arguments advanced by the learned counsel for the parties and perused the record. 8. There is no dispute about the fact that case under Section 11 of Hindu Marriage Act filed by opposite party/husband is pending in the Family Court at Aligarh. 9. In order to appreciate the controversy involved in the matter, perusal of paragraph nos. 16 to 21 of the affidavit filed in support of instant transfer application will be relevant, which are as under:- "16. That on 28.03.2024 after filing the Marriage Petition of opposite party no. 2 applicant filed maintenance suit no. 430 of 2024 under Section 125 Cr.P.C. before Principal Judge Family Court, Bulandshahar. Photocopy of plaint under Section 125 Cr.P.C. dated 28.03.2024 is being filed herewith and marked as Annexure No. 4 to this affidavit. 17. That on 19.04.2024 applicant filed complaint under Section 156(3) Cr.P.C. under Section 498A, 354, 328, 323, 504, 506 I.P.C. & 3/4 Dowry Prohibition Act before Chief Judicial Magistrate, Bulandshahar. True copy of application under Section 156(3) Cr.P.C. dated 19.04.2024 if being filed herewith and marked as Annexure No. 5 to this affidavit." 18. That, the applicant is residing with her parents at the parental house in district Bulandshahar hence, there is problem to the applicant to attend the Court in district Aligarh because of father of applicant is service in B.R.O. and always posted at border sides. Mother is a house wife and she is heart patient. 19. That there is apprehension for threat of life to applicant if she goes to Aligarh for attending the case pending before Principal Judge Family Court, Aligarh. 20. That there is apprehension for threat of life to the applicant if she goes to Aligarh for attending the case pending before Principal Judge Family Court, Aligarh. 21. That the marriage of applicant was solemnized in district Bulandshahar hence, any matrimonial case should be instituted and heard in the district where the marriage is solemnized." 10. Perusal of the paragraphs of the affidavit as quoted above as well as the statement made by learned counsel for opposite party/husband to the effect that opposite party/husband has no objection regarding transfer of the proceeding under Section 11 of Hindu Marriage Act from Aligarh to Bulandshahar, case is made out for transfer of proceeding from Aligarh to Bulandshahar. 11. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Marriage Petition No. 20 of 2024, under Section 11 of Hindu Marriage Act (Pradeep Kumar Versus Deeksha Chaudhary) pending in the Court of Principal Judge Family Court, Aligarh is transferred to the Family Court at Bulandshahar. The Principal Judge, Family Court, Aligarh is directed to transmit the record of the pending proceeding forthwith to the Family Court at Bulandshahar. Family Court, Bulandshahar is directed to decide the proceeding of aforementioned Marriage Petition No. 20 of 2024 under Section 11 of the Hindu Marriage Act expeditiously, after affording opportunity of hearing to the parties. Order Date :- 14.8.2025 Neetu Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad