HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CIVIL) No. - 654 of 2025 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Mr. Atul Srivastava, learned counsel for the applicant/husband. 2. Brief facts of the case are that applicant is husband and opposite party is wife. One criminal case lodged by the father of the applicant-husband as Case Crime No. 964 of 2023 u/s 394, 504, 506 IPC is pending at Banda and in a counter blast manner, Criminal case lodged by father of the opposite party-wife as Case No.965 of 2023 under Section 498-A, 323, 504, 506 read with 3/4 Dowry Prohibition Act is pending at Banda. The proceeding under Section-9 of Hindu Marriage Act initiated at the instance of opposite party-wife is pending as Case No.137 of 2025 in the Family Court Mahoba. The instant transfer application has been filed at the instance of applicant-husband for the following relief:- "It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to stay the further proceedings of matrimonial case no. 137 of 2025 (Smt. Anjali Singh Urf Anju Singh Vs. Varun Pratap Singh Urf Reshu Singh) u/s 9 of Hindu Marriage Act for restitution of conjugal rights pending in the learned Principal Judge, Family Court, Mahoba, during the pendency of the present transfer application before this Hon'ble Court; and/or to pass such other and further orders which this Hon'ble Court may deem fit and proper under the circumstances of the case." 3. Learned counsel for the petitioner submitted that criminal cases are pending between the parties at Banda, as such proceeding under Section 9 Versus Counsel for Applicant(s) : Atul Srivastava, Ravindra Singh Counsel for Opposite Party(s) : Varun Pratap Singh Urf Reshu Singh .....Applicant(s) Smt. Anjali Singh Urf Anju Singh .....Opposite Party(s) of the Hindu Marriage Act initiated by the opposite party-wife should be transferred from Mahoba to any other district adjacent to district-Banda. He further placed the averment made in paragraph Nos.12, 13, 14, 15, 16 and 17 of the affidavit filed in support of the instant transfer application in support of his argument. He submitted that instant transfer application should be allowed and proceeding under Section 9 of Hindu Marriage Act pending in the Court of Principal Judge Family Court, Mahoba should be transferred to any other adjacent district. 4. I have considered the arguments advanced by the learned counsel for the petitioner and perused the record. 5. There is no dispute about the fact that proceeding under Section 9 of Hindu Marriage Act initiated at the instance of the opposite party-wife is pending in the Court of Principal Judge Family Court, Mahoba. 6. The perusal of the averments made in the affidavit filed in support of the transfer application as well as the averment made in the petition under Section 9 of Hindu Marriage Act demonstrate that there is no grounds for transfer of the proceeding initiated by opposite party-wife under Section 9 of the Hindu Marriage Act from District Mahoba to any other adjacent district as opposite party-wife is residing in her mayaka at Mahoba. 7. Considering the entire facts and circumstances of the case, no interference is required in the matter. 8. The instant transfer application is dismissed. September 8, 2025 PS*/Vandana TACL No. 654 of 2025 2 (Chandra Kumar Rai,J.) Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad