Jitendra Goswami v. Smt. Nisha), under Section

1. Heard Mr. Krishna Gopal, 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, Ghaziabad.

3. The instant transfer application has been filed with the prayer to transfer the Case No.1502 of 2022 (Jitendra Goswami vs. Smt. Nisha), under Section 13 of Hindu Marriage Act from the Court of Principle Judge, Family Court, Ghaziabad to Family Court at Bareilly.

4. This Court entertained the matter on 7.2.2024 and stayed the further proceeding of the Divorce Petition No.1502 of 2022. The interim order dated 7.2.2024 passed by this Court is quoted as under: "Heard Sri Krishna Gopal, learned counsel for the applicant and perused the record. This transfer application has been filed by the applicant seeking transfer of Divorce Petition No. 1502 of 2022 (Jitendra Goswami vs. Smt. Nisha) under Section 13 of Hindu Marriage Act pending in the Court of Principal Judge, Family Court, Ghaziabad to the competent Court at Bareilly. It is submitted by learned counsel for the applicant that it is a matrimonial dispute between the parties. The applicant has filed an application against opposite party under Section 125 Cr.P.C. claiming maintenance in the Court of Principal Judge, Family Court, Bareilly which was registered as Case No. 983 of 2022. The applicant has also filed a complaint under Section 12 of Domestic Violence Act in the Court of Judicial Magistrate, Court No3, Bareilly, which was registered as Case No.88 of 2023. The applicant has also lodged FIR which was registered as Case Crime No. 125 of 2022, in which the investigation is still pending. The opposite party has filed divorce petition in the Court of Principal Judge, Ghaziabad only to harass the applicant. Lastly, it is submitted that the applicant is presently residing in district Bareilly, which is much away from district Ghaziabad. The applicant being deserted wife of opposite party and having no source of income, is facing great hardship to attend the Court's proceedings before Family Court, Ghaziabad. Matter requires consideration. Issue notice to opposite party. Steps be taken within a week by registered post. List in second week of March, 2024. Till the next date of listing, further proceedings of Divorce Petition No. 1502 of 2022 (Jitendra Goswami vs. Smt. Nisha) under Section 13 of Hindu Marriage Act pending in the Court of Principal Judge, Family Court, Ghaziabad, shall remain stayed."

5. In Pursuance of the order of this Court dated 7.2.2024, notice was issued to the opposite party.

6. As per office report dated 1.5.2025 & 7.8.2025, service is sufficient upon the opposite party.

7. Learned counsel for the applicant submitted that proceeding between the parties are already pending at District-Bareilly, as such, the proceeding under Section 13 of Hindu Marriage Act initiated at the instance of opposite party/ husband should be transferred from District- Ghaziabad to District- Bareilly. He placed the averment made in paragraph nos.14, 15, 16, 17, 18 & 19 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- Ghaziabad to District-Bareilly.

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, Ghaziabad.

10. In order to appreciate the controversy involved in the matter, perusal of paragraph nos.14, 15, 16, 17, 18 & 19 of the affidavit filed in support of the instant transfer application will be relevant which are as under: "14. That in Bareilly there are three cases already pending and the present case may also be decided with the other cases at District Bareilly.

15. That for the convenience of applicant who is a lady and having no source of income the Hon'ble Court may kindly be pleased to allow this transfer application.

16. That on the other hand the Opposite Party is already facing the cases at Bareilly and it would not be difficult for him to appear in divorce suit at Bareilly judgeship.

17. That the Opposite Party and his family members are mischievous and antisocial elements and therefore the applicant has danger to her life at Ghaziabad, hence the Divorce Petition No. 1502 of 2022 is liable to be transferred to the competent court at Bareilly Judgeship.

18. That the Opposite Party is continuously making threats to the applicant and therefore she has serious apprehension that the Opposite Party may cause harm to her if she appears before the court at Ghaziabad.

19. That it is very difficult to the applicant to contest the case at District Ghaziabad which is more than 230 K.M. from Bareilly."

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

12. It is also material to mention that no counter affidavit has been 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.1502 of 2022 (Jitendra Goswami vs. Smt. Nisha) pending in the court of Principal Judge Family Court, Ghaziabad is transferred to Family Court, Bareilly. The Family Court, Ghaziabad is directed to transmit the record of the case to Family Court, Bareilly forthwith. The family Court Bareilly is directed to decide the aforementioned proceeding of the Case No.1502 of 2022 (Jitendra Goswami vs. Smt. Nisha) in accordance with law after affording proper opportunity of hearing to the parties, expeditiously. Order Date :- 8.8.2025 Rameez

1. Heard Mr. Krishna Gopal, 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, Ghaziabad.

3. The instant transfer application has been filed with the prayer to transfer the Case No.1502 of 2022 (Jitendra Goswami vs. Smt. Nisha), under Section 13 of Hindu Marriage Act from the Court of Principle Judge, Family Court, Ghaziabad to Family Court at Bareilly.

4. This Court entertained the matter on 7.2.2024 and stayed the further proceeding of the Divorce Petition No.1502 of 2022. The interim order dated 7.2.2024 passed by this Court is quoted as under: "Heard Sri Krishna Gopal, learned counsel for the applicant and perused the record. This transfer application has been filed by the applicant seeking transfer of Divorce Petition No. 1502 of 2022 (Jitendra Goswami vs. Smt. Nisha) under Section 13 of Hindu Marriage Act pending in the Court of Principal Judge, Family Court, Ghaziabad to the competent Court at Bareilly. It is submitted by learned counsel for the applicant that it is a matrimonial dispute between the parties. The applicant has filed an application against opposite party under Section 125 Cr.P.C. claiming maintenance in the Court of Principal Judge, Family Court, Bareilly which was registered as Case No. 983 of 2022. The applicant has also filed a complaint under Section 12 of Domestic Violence Act in the Court of Judicial Magistrate, Court No3, Bareilly, which was registered as Case No.88 of 2023. The applicant has also lodged FIR which was registered as Case Crime No. 125 of 2022, in which the investigation is still pending. The opposite party has filed divorce petition in the Court of Principal Judge, Ghaziabad only to harass the applicant. Lastly, it is submitted that the applicant is presently residing in district Bareilly, which is much away from district Ghaziabad. The applicant being deserted wife of opposite party and having no source of income, is facing great hardship to attend the Court's proceedings before Family Court, Ghaziabad. Matter requires consideration. Issue notice to opposite party. Steps be taken within a week by registered post. List in second week of March, 2024. Till the next date of listing, further proceedings of Divorce Petition No. 1502 of 2022 (Jitendra Goswami vs. Smt. Nisha) under Section 13 of Hindu Marriage Act pending in the Court of Principal Judge, Family Court, Ghaziabad, shall remain stayed."

5. In Pursuance of the order of this Court dated 7.2.2024, notice was issued to the opposite party.

6. As per office report dated 1.5.2025 & 7.8.2025, service is sufficient upon the opposite party.

7. Learned counsel for the applicant submitted that proceeding between the parties are already pending at District-Bareilly, as such, the proceeding under Section 13 of Hindu Marriage Act initiated at the instance of opposite party/ husband should be transferred from District- Ghaziabad to District- Bareilly. He placed the averment made in paragraph nos.14, 15, 16, 17, 18 & 19 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- Ghaziabad to District-Bareilly.

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, Ghaziabad.

10. In order to appreciate the controversy involved in the matter, perusal of paragraph nos.14, 15, 16, 17, 18 & 19 of the affidavit filed in support of the instant transfer application will be relevant which are as under: "14. That in Bareilly there are three cases already pending and the present case may also be decided with the other cases at District Bareilly.

15. That for the convenience of applicant who is a lady and having no source of income the Hon'ble Court may kindly be pleased to allow this transfer application.

16. That on the other hand the Opposite Party is already facing the cases at Bareilly and it would not be difficult for him to appear in divorce suit at Bareilly judgeship.

17. That the Opposite Party and his family members are mischievous and antisocial elements and therefore the applicant has danger to her life at Ghaziabad, hence the Divorce Petition No. 1502 of 2022 is liable to be transferred to the competent court at Bareilly Judgeship.

18. That the Opposite Party is continuously making threats to the applicant and therefore she has serious apprehension that the Opposite Party may cause harm to her if she appears before the court at Ghaziabad.

19. That it is very difficult to the applicant to contest the case at District Ghaziabad which is more than 230 K.M. from Bareilly."

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

12. It is also material to mention that no counter affidavit has been 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.1502 of 2022 (Jitendra Goswami vs. Smt. Nisha) pending in the court of Principal Judge Family Court, Ghaziabad is transferred to Family Court, Bareilly. The Family Court, Ghaziabad is directed to transmit the record of the case to Family Court, Bareilly forthwith. The family Court Bareilly is directed to decide the aforementioned proceeding of the Case No.1502 of 2022 (Jitendra Goswami vs. Smt. Nisha) in accordance with law after affording proper opportunity of hearing to the parties, expeditiously. Order Date :- 8.8.2025 Rameez