Neutral Citation No. - 2025:AHC:141363 Court No. - 37 Case :- TRANSFER APPLICATION (CIVIL) No. - 690 of 2024 Applicant :- Preeti Chaudhary Opposite Party :- Amit Kumar Counsel for Applicant :- Ravikant Shukla Counsel for Opposite Party :- Santosh Kr. Singh Paliwal Hon'ble Chandra Kumar Rai,J. 1. Heard Sri Ravikant Shukla, learned counsel for applicant and Sri Awadh Narayan Tiwari, learned counsel holding the brief of Sri Santosh Kr. Singh Paliwal, 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 13 of the Hindu Marriage Act, 1955 initiated at the instance of opposite party/husband is pending in the Family Court at Kanpur Dehat. 3. The instant transfer application has been filed for the following reliefs:- "It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to transfer the Suit No. 726 of 2023 under Section 13 of the Hindu Marriage Act, (Amit Kumar Vs. Preeti Chaudhary) pending in the Court of Learned Family Judge, Family Court, Kanpur Dehat, U.P. from the aforesaid Court to the competent Court of learned Principal Judge, Kanpur Nagar, U.P., in the interest of justice." 4. This Court entertained the matter and passed the following interim order on 08.11.2024:- "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). 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. 9, 10, 11, 12, 16, 17 of the affidavit filed in support of instant transfer application the proceeding of divorce petition should be transferred from Kanpur Dehat to Kanpur Nagar. 6. Sri Awadh Narayan Tiwari, learned counsel holding the brief of Sri Santosh Kr. Singh Paliwal, 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 divorce petition filed by opposite party/husband is pending in the Family Court at Kanpur Dehat. 9. In order to appreciate the controversy involved in the matter, perusal of paragraph nos. 9, 10, 11, 12, 16, 17 of the affidavit filed in support of instant transfer application will be relevant, which are as under:- "9. That it is relevant to mentioned here that the number of cases were filed by the applicnat which is already pending before the competent Court, Kanpur Nagar the description of the cases under below:- (i) In Case No. 1393 of 2023 under Section 125 Cr.P.C. P.S. Kidwai Nagar, District Kanpur Nagar against the opposite party before the Court of Additional Principal Judge (Family Court)-02 Kanpur Nagar. (ii) Case No. 2853 of 2023 under Section 12 of Domestic Violence Act, 2005 against the opposite party before the learned Additional Chief Judicial Magistrate, Kanpur Nagar-6, P.S. Kedwai Nagar, District- Kanpur Nagar. (iii) In case Crime No. 616 of 2022 under Section 498-A, 323, 504, 506, 354, 328 IPC and 3/4 D.P. Act, P.S. Naubasta, District-Kanpur Nagar, pending in Special Chief Judicial Magistrate, Kanpur Nagar. 10. That it is relevant to mentioned here that there is no stay order is the mentioned. The case is pending. 11. That the opposite party is not appear in the above mentioned case is filed by the applicant in District Kanpur Nagar and he did not attained any fixed ate by the competent Court and he has no difficuolty to face the above mention cases in District Kanpur Nagar. 12. That the opposite party harass the applicant in several manners including tensing her corrector by some other persons when all things were told by the applicant to her-in-laws they avoided same rather they started to making bad comments. 16. That the opposite party is a teacher he is working in School of Rura, district Kanpur Dehat and he has handsome salary. 17. That the District Kanpur Nagar is about to 70 K.M. away from the house of the applicant therefore also it is very difficult to the applicant to attend the Court proceeding each and every dates at District-Kanpur Dehat." 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 divorce petition from Kanpur Dehat to Kanpur Nagar, case is made out for transfer of divorce proceeding. 11. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Case No. 726 of 2023, under Section 13 of Hindu Marriage Act (Amit Kumar Vs. Preeti Chaudhary) pending in the Court of Principal Judge Family Court, Kanpur Dehat, U.P. is transferred to the Family Court at Kanpur Nagar, U.P.. The Principal Judge, Family Court, Kanpur Dehat is directed to transmit the record of the pending proceeding forthwith to the Family Court at Kanpur Nagar. Family Court, Kanpur Nagar is directed to decide the proceeding of aforementioned divorce petition no. 726 of 2023 under Section 13 of the Hindu Marriage Act expeditiously, preferably within a period of six months from the date of production of a certified copy of this order, after affording opportunity of hearing to the parties. Order Date :- 8.8.2025 Neetu Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad