Gyan Bharadwaj v. Smt. Wani Bharadwaj) pending in the court of Principal Judge, Family Court, Barei

1. Heard Mr. Alok Shukla, learned Counsel holding brief of Mr. Bharat Singh, learned counsel for the applicant.

2. Brief facts of the case is that the applicant is wife and opposite party is husband. Proceeding under Section 13 of Hindu Marriage Act has been initiated at the instance of opposite party/ husband in the Family Court, Bareilly.

3. The instant transfer application has been filed with the prayer to transfer the Case No.2009 of 2022, under Section 13 of Hindu Marriage Act from the Court of Principle Judge, Family Court, Bareilly to Family Court at Ghaziabad.

4. This Court entertained the matter on 24.1.2024 and stayed the further proceeding of the Divorce Petition No.2009 of 2022. The interim order dated 24.1.2024 is quoted as under:- "Heard learned counsel for the applicant and perused the record. This transfer application has been filed by the applicant to transfer the Case No. 2009 of 2022 (Gyan Upadhyaya @ Gyan Bharadwaj vs. Smt. Wani Bharadwaj) pending in the court of Principal Judge, Family Court, Bareilly to Principal Judge, Family Court, Ghaziabad. It is submitted by learned counsel for the applicant that it is a matrimonial dispute between the parties. The applicant wife is presently residing in district Ghaziabad. The applicant has filed an application under Section 125 Cr.P.C., which was registered as Case No. 77 of 2022 (Smt.Wani Bharadwaj and others vs. Shri Gyan Upadhyaya) for seeking maintenance is pending for disposal in the court of Principal Judge, Family Court, Ghaziabad. The opposite party has earlier filed a divorce petition in the court of Principal Judge, Family Court, Ghaziabad on 11.03.2022, which was registered as Case No. 621 of 2022 (Gyan Upadhyaya vs. Smt. Wani Bharadwaj) and was dismissed for want of prosecution on 04.07.2023. By concealing the aforesaid fact, another divorce petition has been filed by opposite party under Section 13 of the Hindu Marriage Act in the court of Principal Judge, Family Court, Bareilly only to harass the applicant. Lastly, it is submitted that the applicant being deserted wife of opposite party having no source of income, is facing great hardship to attend the court proceedings at Judgeship of Bareilly. The matter requires consideration. Issue notice to opposite party. Steps be taken within one week by registered post. List in the third week of February, 2024. Till the next date of listing further proceeding of Case No. 2009 of 2022 (Gyan Upadhyaya @ Gyan Bharadwaj vs. Smt. Wani Bharadwaj) pending in the court of Principal Judge, Family Court, Bareilly shall remain stayed."

5. In Pursuance of the order of this Court dated 24.1.2024, notice was issued to the opposite party.

6. As per office report dated 29.5.2024, 1.5.2025 & 7.8.2025, service is sufficient upon the opposite party as opposite party has refused to accept the notice.

7. Learned counsel for the applicant submitted that proceeding between the parties are already pending at District- Ghaziabad, as such, the proceeding under Section 13 of Hindu Marriage Act should be transferred from District- Bareilly to District- Ghaziabad. He placed the averment made in paragraph nos.12, 13, 14, & 15 of the affidavit filed in support of the instant transfer application in order to demonstrate to divorce petition filed by the opposite party/ husband should be transferred from District- Bareilly to District- Ghaziabad.

8. I have considered the argument advanced by leaned counsel for the applicant and perused the records.

9. There is no dispute about the fact that the divorce petition filed by opposite party / husband is pending before Family Court, Bareilly.

10. In order to appreciate the controversy involved in the matter, perusal of paragraph nos.12, 13, 14 & 15 of the affidavit filed in support of the instant transfer application will be relevant which are as under: "12. That the applicant who is unemployed lady and totally dependent upon her parents is living at Ghaziabad with her two sons and facing financial crisis and due to this reason, the applicant is unable to bear the expenses in attending the proceedings of the present suit u/s 13 of the Hindu Marriage Act filed by the opposite party before the learned Principal Judge, Family Court, Bareilly and two cases which have been filed by the applicant are also pending at the learned courts below at Ghaziabad.

13. That the applicant is house wife having no source of income and the opposite party is not paying any maintenance to the applicant in any case.

14. That the applicant is living at Ghaziabad with her two sons and is totally dependent upon her parents, who are bearing the expenses of the applicant and her sons.

15. That the distance of Bareilly from Ghaziabad is about 250 km and the present suit u/s 13 of the Hindu Marriage Act has been filed by the opposite party before the learned Principal Judge,Family Court, Bareilly by concealing the factum of the pendency of the suit u/s 13 of the Hindu Marriage Act before the learned Principal Judge, Family Court, Ghaziabad and this conduct of the opposite party shows that the present proceeding has been initiated by the opposite party just to harrass the applicant who is facing financial crisis and mental agony."

11. Perusal of the paragraphs as quoted above demonstrate that the divorce petition filed by the opposite party/ husband should be transferred from District- Bareilly to District- Ghaziabad.

12. It is also material to mention that no counter affidavit has been filed by opposite party / husband to the affidavit filed in support of the instant transfer application, as such, the prayer for transfer made by applicant/ wife should be allowed.

13. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Case No.2009 of 2022, under Section 13 of Hindu Marriage Act pending in the court of Principal Judge Family Court, Bareilly is transferred to Family Court, Ghaziabad The Family Court, Bareilly is directed to transmit the record of the case to Family Court Ghaziabad forthwith. The family Court Ghaziabad is directed to decide the aforementioned proceeding of the Case No.2009 of 2022, under Section 13 of Hindu Marriage Act in accordance with law after affording proper opportunity of hearing to the parties, expeditiously. Order Date :- 8.8.2025/Rameez

1. Heard Mr. Alok Shukla, learned Counsel holding brief of Mr. Bharat Singh, learned counsel for the applicant.

2. Brief facts of the case is that the applicant is wife and opposite party is husband. Proceeding under Section 13 of Hindu Marriage Act has been initiated at the instance of opposite party/ husband in the Family Court, Bareilly.

3. The instant transfer application has been filed with the prayer to transfer the Case No.2009 of 2022, under Section 13 of Hindu Marriage Act from the Court of Principle Judge, Family Court, Bareilly to Family Court at Ghaziabad.

4. This Court entertained the matter on 24.1.2024 and stayed the further proceeding of the Divorce Petition No.2009 of 2022. The interim order dated 24.1.2024 is quoted as under:- "Heard learned counsel for the applicant and perused the record. This transfer application has been filed by the applicant to transfer the Case No. 2009 of 2022 (Gyan Upadhyaya @ Gyan Bharadwaj vs. Smt. Wani Bharadwaj) pending in the court of Principal Judge, Family Court, Bareilly to Principal Judge, Family Court, Ghaziabad. It is submitted by learned counsel for the applicant that it is a matrimonial dispute between the parties. The applicant wife is presently residing in district Ghaziabad. The applicant has filed an application under Section 125 Cr.P.C., which was registered as Case No. 77 of 2022 (Smt.Wani Bharadwaj and others vs. Shri Gyan Upadhyaya) for seeking maintenance is pending for disposal in the court of Principal Judge, Family Court, Ghaziabad. The opposite party has earlier filed a divorce petition in the court of Principal Judge, Family Court, Ghaziabad on 11.03.2022, which was registered as Case No. 621 of 2022 (Gyan Upadhyaya vs. Smt. Wani Bharadwaj) and was dismissed for want of prosecution on 04.07.2023. By concealing the aforesaid fact, another divorce petition has been filed by opposite party under Section 13 of the Hindu Marriage Act in the court of Principal Judge, Family Court, Bareilly only to harass the applicant. Lastly, it is submitted that the applicant being deserted wife of opposite party having no source of income, is facing great hardship to attend the court proceedings at Judgeship of Bareilly. The matter requires consideration. Issue notice to opposite party. Steps be taken within one week by registered post. List in the third week of February, 2024. Till the next date of listing further proceeding of Case No. 2009 of 2022 (Gyan Upadhyaya @ Gyan Bharadwaj vs. Smt. Wani Bharadwaj) pending in the court of Principal Judge, Family Court, Bareilly shall remain stayed."

5. In Pursuance of the order of this Court dated 24.1.2024, notice was issued to the opposite party.

6. As per office report dated 29.5.2024, 1.5.2025 & 7.8.2025, service is sufficient upon the opposite party as opposite party has refused to accept the notice.

7. Learned counsel for the applicant submitted that proceeding between the parties are already pending at District- Ghaziabad, as such, the proceeding under Section 13 of Hindu Marriage Act should be transferred from District- Bareilly to District- Ghaziabad. He placed the averment made in paragraph nos.12, 13, 14, & 15 of the affidavit filed in support of the instant transfer application in order to demonstrate to divorce petition filed by the opposite party/ husband should be transferred from District- Bareilly to District- Ghaziabad.

8. I have considered the argument advanced by leaned counsel for the applicant and perused the records.

9. There is no dispute about the fact that the divorce petition filed by opposite party / husband is pending before Family Court, Bareilly.

10. In order to appreciate the controversy involved in the matter, perusal of paragraph nos.12, 13, 14 & 15 of the affidavit filed in support of the instant transfer application will be relevant which are as under: "12. That the applicant who is unemployed lady and totally dependent upon her parents is living at Ghaziabad with her two sons and facing financial crisis and due to this reason, the applicant is unable to bear the expenses in attending the proceedings of the present suit u/s 13 of the Hindu Marriage Act filed by the opposite party before the learned Principal Judge, Family Court, Bareilly and two cases which have been filed by the applicant are also pending at the learned courts below at Ghaziabad.

13. That the applicant is house wife having no source of income and the opposite party is not paying any maintenance to the applicant in any case.

14. That the applicant is living at Ghaziabad with her two sons and is totally dependent upon her parents, who are bearing the expenses of the applicant and her sons.

15. That the distance of Bareilly from Ghaziabad is about 250 km and the present suit u/s 13 of the Hindu Marriage Act has been filed by the opposite party before the learned Principal Judge,Family Court, Bareilly by concealing the factum of the pendency of the suit u/s 13 of the Hindu Marriage Act before the learned Principal Judge, Family Court, Ghaziabad and this conduct of the opposite party shows that the present proceeding has been initiated by the opposite party just to harrass the applicant who is facing financial crisis and mental agony."

11. Perusal of the paragraphs as quoted above demonstrate that the divorce petition filed by the opposite party/ husband should be transferred from District- Bareilly to District- Ghaziabad.

12. It is also material to mention that no counter affidavit has been filed by opposite party / husband to the affidavit filed in support of the instant transfer application, as such, the prayer for transfer made by applicant/ wife should be allowed.

13. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Case No.2009 of 2022, under Section 13 of Hindu Marriage Act pending in the court of Principal Judge Family Court, Bareilly is transferred to Family Court, Ghaziabad The Family Court, Bareilly is directed to transmit the record of the case to Family Court Ghaziabad forthwith. The family Court Ghaziabad is directed to decide the aforementioned proceeding of the Case No.2009 of 2022, under Section 13 of Hindu Marriage Act in accordance with law after affording proper opportunity of hearing to the parties, expeditiously. Order Date :- 8.8.2025/Rameez