Lieutenant Colonel Himanshu Singh v. Smt. Sonika Singh Doli) U/s

Case :- TRANSFER APPLICATION (CIVIL) No. - 3 of 2025 Applicant :- Smt. Sonika Singh @ Doli Opposite Party :- Lieutenant Corneal Himanshu Singh Counsel for Applicant :- Prem Kumar Chaurasia Counsel for Opposite Party :- Raghuvansh Chandra,Ram Jee Saxena Hon'ble Chandra Kumar Rai,J.

1. Heard counsel for the applicant and Mr. Raghuvansh Chandra, learned counsel for opposite party/ husband.

2. Brief facts of the case are that applicant is wife and opposite party is husband. A petition under Section 26 of the Hindu Marriage Act , 1955 filed on behalf of the opposite party is pending in the Family Court at Meerut.

3. The instant transfer application has been filed for the following relief:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the transfer application and the transfer in the court of District Meerut to District Ghaziabad in Original Suit No. 68 of 2022 (Lieutenant Colonel Himanshu Singh Vs. Smt. Sonika Singh @ Doli) U/s 26 of Hindu Marriage Act, 1955 filed by the opposite party pending in the court of learned Principal Judge Family Court, Meerut and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. This Hon'ble Court may further pleased to stay the further proceeding of the Original Suit No. 68 of 2022 (Lieutenant Corneal Himanshu Singh Vs. Smt. Sonika Singh @ Doli) during the pendency of the instant application before this Court Hon'ble And/or may pass such other and further orders which this Hon'ble Court may deem fit and proper; otherwise the applicant will suffer irreparable loss."

4. Counsel for the applicant submitted that in view of the pendency of the cases between the parties at Meerut, the proceeding of case No. 68 of 2022 (Lieutenant Colonel Himanshu Singh Vs. Smt. Sonika Singh @ Doli) under Section 26 of Hindu Marriage Act, 1955 filed by opposite party/ husband in the Family Court Meerut should be transferred to Ghaziabad. He further placed the averment made in paragraph nos. 18 to 22 of the affidavit in order to demonstrate her hardship to attend the case at Meerut.

5. On the other hand, learned counsel for the opposite party/ husband submitted that opposite party/ husband has no objection to the prayer of transfer made by applicant/ wife.

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 divorce petition under Section 13 of the Hindu Marriage Act filed by opposite party/ husband is pending in the Court of Principal Judge, Family Court Meerut.

8. In order to appreciate the controversy, the perusal of paragraph nos. 18 to 22 of the affidavit filed in support of instant transfer application will be relevant which is as under:- "That, earlier applicant has been filed a transfer application. No. 907 of 2022 (Smt. Sonika Singh Vs. Sri Himanshu Singh) before this Hon'ble Court praying that Marriage Petition No. 2024 of 2022 (Himanshu Kumar Vs. Smt. Sonika Singh) U/s 13 of Hindu Marriage Act, 1955 be transferred from the Principal Judge, Family Court, Meerut to the Family Court at Ghaziabad.

19. That, it is submitted that this Hon'ble Court has admitted the above transfer application No. 907 of 2022 (Smt. Sonika Singh Vs. Sri Himanshu Singh) and passed until further order, proceeding in transfer application No. 907 of 2022 (Smt. Sonika Singh Vs. Sri Himanshu Singh) pending before Principal Judge, Family Court, Meerut shall remain stayed on 12.12.2022. The photocopy of order dated 12.12.2022 passed by this Hon'ble Court, is being filed herewith and marked as Annexure No. 4 to this affidavit.

20. That, during the pendency of the earlier transfer application opposite party has filed Original Suit No. 68 of 2022 (Lieutenant Corneal Himanshu Singh Vs. Smt. Sonika Singh @ Doli) U/s 26 of Hindu Marriage Act, 1955 before learned Principal Judge, Family Judge, Meerut. The true/photocopy of the plaint of original suit no. 68 of 2022 (Lieutenant Corneal Himanshu Singh Vs. Smt. Sonika Singh @ Doli), is being filed herewith and marked as Annexure No. 5 to this affidavit.

21. That, on 10.10.2022 notices were issued to the opposite party i.e. applicant and fixed the date for hearing, which is evident from the order-sheet itself. The typed/certified copy of the order-sheet, is being field herewith and marked as Annexure No. 6 to this affidavit.

22. That, the applicant much unable to pursue the case as she is fully depend her father, he is also retired government servant aged about 65 years and being old age the deponent i.e. father of the applicant also have so many old age deceases like Sugar, Blood Pressure etc., therefore applicant is facing too much hardship to pursue the Original Suit No. 68 of 2022 22. (Lieutenant Corneal Himanshu Singh Vs. Smt. Sonika Singh @ Doli) U/s 26 of Hindu Marriage Act, 1955."

9. In view of the averment made in the affidavit filed in support of the transfer application as quoted above coupled with the fact that opposite party/ husband has no objection to the prayer of transfer made by the applicant/ wife, the instant transfer application should be allowed.

10. Apex Court in the case reported in (2016) 14 Supreme Court Cases 356 Vaishali Shridhar Jagtap Vs. Shridhar Vishwanath Jagtap has transferred the proceeding of divorce petition filed by husband to the place where wife reside. Paragraph No.1 to 7 of the judgment rendered in Vaishali Shridhar Jagtap (Supra) will be relevant for perusal which are as under :- "Leave granted.

2. The appellant is the wife of the respondent. She is aggrieved since the High Court of Bombay declined to transfer the case, filed in Mumbai by the respondent for divorce, to Barshi where the appellant resides-parental home. The Review Petition was also dismissed. The High Court has taken the view that the appellant does not have to travel on all days for defending the case, and on the days of her travel, she will be paid a sum of rupees one thousand five hundred.

3. According to the appellant, her mother is aged and it is difficult for her mother to accompany the appellant for her travel to Mumbai. It is also stated that there are three criminal cases - one for maintenance, the second under the Prevention of Domestic Violence Act, 2005 and the third under Section 498A of The Indian Penal Code, 1860 and other related provisions, pending at Barshi, and one on the civil side for restitution.

4. The learned Counsel appearing for the respondent has vehemently opposed the prayer for transfer. It was submitted that the appellant’s mother is only 60 years old and that she has two brothers. It is also pointed out that majority of the witnesses are from Mumbai and it would be difficult for them to travel to Barshi, and, in any case, the attempt is to harass the respondent-husband.

5. Admittedly, the distance between Mumbai and Barshi is around 400 kilometres. Four cases between the parties are pending at Barshi. Apparently, the comparative hardship is more to the appellant-wife. This aspect of the matter, unfortunately, the High Court has missed to take note of.

6. In view of the above, the impugned orders are set aside and the M. J.Petition No. 2287 of 2013 filed by the respondent-husband in Family Court Bandra, Bombay will stand transferred to the court of competent jurisdiction at Barshi.

7. The appeals are allowed as above. There shall be no orders as to costs."

11. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of case No. 68 of 2022 (Lieutenant Colonel Himanshu Singh Vs. Smt. Sonika Singh @ Doli) under Section 26 of Hindu Marriage Act, 1955 pending in the Court of Principal Judge Family Court Meerut is transferred to Family Court at Ghaziabad. The Family Court Meerut is directed to transmit the records of the case No. 68 of 2022 to the Family Court Ghaziabad forthwith. The Family Court, Ghaziabad is directed to decide the case No. 68 of 2022 under Section 26 of Hindu Marriage Act expeditiously after affording opportunity of hearing to the parties. Order Date :- 18.8.2025 Vandana Y. VANDANA YADAV High Court of Judicature at Allahabad

Case :- TRANSFER APPLICATION (CIVIL) No. - 3 of 2025 Applicant :- Smt. Sonika Singh @ Doli Opposite Party :- Lieutenant Corneal Himanshu Singh Counsel for Applicant :- Prem Kumar Chaurasia Counsel for Opposite Party :- Raghuvansh Chandra,Ram Jee Saxena Hon'ble Chandra Kumar Rai,J.

1. Heard counsel for the applicant and Mr. Raghuvansh Chandra, learned counsel for opposite party/ husband.

2. Brief facts of the case are that applicant is wife and opposite party is husband. A petition under Section 26 of the Hindu Marriage Act , 1955 filed on behalf of the opposite party is pending in the Family Court at Meerut.

3. The instant transfer application has been filed for the following relief:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the transfer application and the transfer in the court of District Meerut to District Ghaziabad in Original Suit No. 68 of 2022 (Lieutenant Colonel Himanshu Singh Vs. Smt. Sonika Singh @ Doli) U/s 26 of Hindu Marriage Act, 1955 filed by the opposite party pending in the court of learned Principal Judge Family Court, Meerut and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. This Hon'ble Court may further pleased to stay the further proceeding of the Original Suit No. 68 of 2022 (Lieutenant Corneal Himanshu Singh Vs. Smt. Sonika Singh @ Doli) during the pendency of the instant application before this Court Hon'ble And/or may pass such other and further orders which this Hon'ble Court may deem fit and proper; otherwise the applicant will suffer irreparable loss."

4. Counsel for the applicant submitted that in view of the pendency of the cases between the parties at Meerut, the proceeding of case No. 68 of 2022 (Lieutenant Colonel Himanshu Singh Vs. Smt. Sonika Singh @ Doli) under Section 26 of Hindu Marriage Act, 1955 filed by opposite party/ husband in the Family Court Meerut should be transferred to Ghaziabad. He further placed the averment made in paragraph nos. 18 to 22 of the affidavit in order to demonstrate her hardship to attend the case at Meerut.

5. On the other hand, learned counsel for the opposite party/ husband submitted that opposite party/ husband has no objection to the prayer of transfer made by applicant/ wife.

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 divorce petition under Section 13 of the Hindu Marriage Act filed by opposite party/ husband is pending in the Court of Principal Judge, Family Court Meerut.

8. In order to appreciate the controversy, the perusal of paragraph nos. 18 to 22 of the affidavit filed in support of instant transfer application will be relevant which is as under:- "That, earlier applicant has been filed a transfer application. No. 907 of 2022 (Smt. Sonika Singh Vs. Sri Himanshu Singh) before this Hon'ble Court praying that Marriage Petition No. 2024 of 2022 (Himanshu Kumar Vs. Smt. Sonika Singh) U/s 13 of Hindu Marriage Act, 1955 be transferred from the Principal Judge, Family Court, Meerut to the Family Court at Ghaziabad.

19. That, it is submitted that this Hon'ble Court has admitted the above transfer application No. 907 of 2022 (Smt. Sonika Singh Vs. Sri Himanshu Singh) and passed until further order, proceeding in transfer application No. 907 of 2022 (Smt. Sonika Singh Vs. Sri Himanshu Singh) pending before Principal Judge, Family Court, Meerut shall remain stayed on 12.12.2022. The photocopy of order dated 12.12.2022 passed by this Hon'ble Court, is being filed herewith and marked as Annexure No. 4 to this affidavit.

20. That, during the pendency of the earlier transfer application opposite party has filed Original Suit No. 68 of 2022 (Lieutenant Corneal Himanshu Singh Vs. Smt. Sonika Singh @ Doli) U/s 26 of Hindu Marriage Act, 1955 before learned Principal Judge, Family Judge, Meerut. The true/photocopy of the plaint of original suit no. 68 of 2022 (Lieutenant Corneal Himanshu Singh Vs. Smt. Sonika Singh @ Doli), is being filed herewith and marked as Annexure No. 5 to this affidavit.

21. That, on 10.10.2022 notices were issued to the opposite party i.e. applicant and fixed the date for hearing, which is evident from the order-sheet itself. The typed/certified copy of the order-sheet, is being field herewith and marked as Annexure No. 6 to this affidavit.

22. That, the applicant much unable to pursue the case as she is fully depend her father, he is also retired government servant aged about 65 years and being old age the deponent i.e. father of the applicant also have so many old age deceases like Sugar, Blood Pressure etc., therefore applicant is facing too much hardship to pursue the Original Suit No. 68 of 2022 22. (Lieutenant Corneal Himanshu Singh Vs. Smt. Sonika Singh @ Doli) U/s 26 of Hindu Marriage Act, 1955."

9. In view of the averment made in the affidavit filed in support of the transfer application as quoted above coupled with the fact that opposite party/ husband has no objection to the prayer of transfer made by the applicant/ wife, the instant transfer application should be allowed.

10. Apex Court in the case reported in (2016) 14 Supreme Court Cases 356 Vaishali Shridhar Jagtap Vs. Shridhar Vishwanath Jagtap has transferred the proceeding of divorce petition filed by husband to the place where wife reside. Paragraph No.1 to 7 of the judgment rendered in Vaishali Shridhar Jagtap (Supra) will be relevant for perusal which are as under :- "Leave granted.

2. The appellant is the wife of the respondent. She is aggrieved since the High Court of Bombay declined to transfer the case, filed in Mumbai by the respondent for divorce, to Barshi where the appellant resides-parental home. The Review Petition was also dismissed. The High Court has taken the view that the appellant does not have to travel on all days for defending the case, and on the days of her travel, she will be paid a sum of rupees one thousand five hundred.

3. According to the appellant, her mother is aged and it is difficult for her mother to accompany the appellant for her travel to Mumbai. It is also stated that there are three criminal cases - one for maintenance, the second under the Prevention of Domestic Violence Act, 2005 and the third under Section 498A of The Indian Penal Code, 1860 and other related provisions, pending at Barshi, and one on the civil side for restitution.

4. The learned Counsel appearing for the respondent has vehemently opposed the prayer for transfer. It was submitted that the appellant’s mother is only 60 years old and that she has two brothers. It is also pointed out that majority of the witnesses are from Mumbai and it would be difficult for them to travel to Barshi, and, in any case, the attempt is to harass the respondent-husband.

5. Admittedly, the distance between Mumbai and Barshi is around 400 kilometres. Four cases between the parties are pending at Barshi. Apparently, the comparative hardship is more to the appellant-wife. This aspect of the matter, unfortunately, the High Court has missed to take note of.

6. In view of the above, the impugned orders are set aside and the M. J.Petition No. 2287 of 2013 filed by the respondent-husband in Family Court Bandra, Bombay will stand transferred to the court of competent jurisdiction at Barshi.

7. The appeals are allowed as above. There shall be no orders as to costs."

11. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of case No. 68 of 2022 (Lieutenant Colonel Himanshu Singh Vs. Smt. Sonika Singh @ Doli) under Section 26 of Hindu Marriage Act, 1955 pending in the Court of Principal Judge Family Court Meerut is transferred to Family Court at Ghaziabad. The Family Court Meerut is directed to transmit the records of the case No. 68 of 2022 to the Family Court Ghaziabad forthwith. The Family Court, Ghaziabad is directed to decide the case No. 68 of 2022 under Section 26 of Hindu Marriage Act expeditiously after affording opportunity of hearing to the parties. Order Date :- 18.8.2025 Vandana Y. VANDANA YADAV High Court of Judicature at Allahabad