HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CIVIL) No. - 700 of 2025 Court No. - 37 HON'BLE CHANDRA KUMAR RAI, J. 1. Heard Mr. Dinesh Kumar Tripathi, learned counsel for the applicant-wife and Ms. Arpita Chakravarti/Mr. Vivek Kumar Srivastava, learned counsel for the opposite-husband. 2. Certified copy of the order-sheet of Case No.2562 of 2022 filed at the instance of the opposite party is taken on record. 3. Brief facts of the case are that the proceeding under Section 13 of the Hindu Marriage Act initiated at the instance of the opposite party-husband, is pending in the court of Principal Judge, Family Court, Prayagraj since 2022. This Court in the Matters under Article 227 No.6494 of 2025, filed by the opposite party-husband, has passed an order dated 10.7.2025, directing the Principal Judge, Family Court, Prayagraj to consider and decide the Divorce Petition No.2562/2022 in accordance with law, without granting unnecessary adjournments to either of the parties, provided that there is no other legal impediment, keeping in view the statutory mandate of Section 21-B of the Hindu Marriage Act. Hence, the instant transfer application for the following relief:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the Civil Misc. Transfer Application u/s 24 of C.P.C. and please to transfer the case no. 2562 of 2022, under section 13 of the Hindu Marriage Act from the Learned Court of Principle Judge, Family Court, Allahabad to any other Additional Principle Judge, Family Versus Counsel for Applicant(s) : Dinesh Kumar Tripathi Counsel for Opposite Party(s) : Smt. Alumpan Kushwaha .....Applicant(s) Praveen Singh .....Opposite Party(s) Court Allahabad, which has same jurisdiction otherwise the applicant shall suffer irreparably loss and hardship. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of case 2562 of 2022, under section 13 of the Hindu Marriage Act, pending before the learned Court of Principle Judge, Family Court Allahabad, during the pendency of the present application before the Hon'ble Court, otherwise the Applicant shall suffer irreparably loss and hardship." 4. Learned counsel for the applicant submitted that the matter should be referred for mediation as there is chance of mediation between the parties. He submitted that in view of the facts mentioned in the affidavit filed in support of the instant transfer application, proceeding of divorce petition should be transferred to any other court in the same district. He further submitted that the applicant has no source of income and she along with a minor daughter has been deserted by her husband. He submitted that in view of the averments made in the order-sheet of the pending proceeding, which is annexed along with the instant transfer application, reasonable apprehension has arisen in the mind of the applicant that she would not get justice from the court concerned. He also placed reliance on the averments made in paragraph nos. 17, 18 & 19 of the affidavit filed in support of the instant transfer application in support of his arguments. 5. On the other hand, learned counsel appearing for the opposite party submitted that there is no chance of mediation in the matter, as such, the prayer for mediation made by the counsel for the applicant is misconceived. They further submitted that steps for mediation were taken before the Family Court in the proceeding under Section 13 of the Hindu Marriage Act which has failed, as such, no further mediation is required in the matter. They submitted that this Court has expedited the proceeding of divorce petition, as such, there is no illegality in the pending proceeding before the Family Court. They also placed the certified copy of the order-sheet of the pending proceeding in order to demonstrate that the court is proceeding in proper manner to decide the divorce petition. They submitted that the TACL No. 700 of 2025 2 opposite party himself has filed a case under the Guardian and Wards Act for the proper care and custody of his minor daughter, which is pending before the court concerned, as such, the argument advanced by learned counsel for the applicant cannot be accepted. They finally submitted that there is no good ground to transfer the proceeding of divorce petition from one court to another court in the same district. 6. I have considered the arguments advanced by learned counsel for the parties and perused the records. 7. There is no dispute about the fact that proceeding under Section 13 of the Hindu Marriage Act, initiated at the instance of the opposite party/husband is pending in the court of Principal Judge, Family Court, Prayagraj. There is also no dispute about the fact that proceeding of divorce petition has been expedited by this Court in the Matters under Article 227 No. 6494/2025. 8. On perusal of the averments made in the affidavit, order-sheet annexed along with the transfer application as well as the certified copy of the order-sheet placed before the court at the instance of the opposite party/husband, it is established that there is no illegality in the proceeding under Section 13 of the Hindu Marriage Act which is going on before the Family Court, Allahabad. 9. No ground is made out to transfer the proceeding under Section 13 of the Hindu Marriage Act from the one court to another court in the same district. 10. The transfer application is accordingly dismissed. September 16, 2025 C.Prakash TACL No. 700 of 2025 3 (Chandra Kumar Rai,J.) Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad