Ajay Kumar v. Smt. Ruchi Verma), under Section

Applicant :- Ruchi Verma Opposite Party :- Ajay Kumar Counsel for Applicant :- Abhijeet Verma,Anuj Srivastava,Indra Jit Singh,Ratnesh Pandey,Vimal Dharm Yadav Counsel for Opposite Party :- Chandra Prakash Kushwaha,Yogesh Kumar Vaish Hon'ble Chandra Kumar Rai,J.

1. Heard Sri Vimal Dharm Yadav, learned counsel for the applicant-wife and Sri Chandra Prakash Kushwaha, learned counsel for the opposite party-husband.

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

3. The instant transfer application has been filed for the following relief:- " It is, therefore, Most Respectfully prayed that this Hon'ble Court may kindly be pleased to allow this application and transfer the Original Suit No.351 of 2020 (Ajay Kumar Vs. Smt. Ruchi Verma), under Section 13 of Hindu Marriage Act in the court of Principal Judge Family Court, Banda to the Principal Judge Family Court, Kanpur Nagar, so that applicant may contest the case freely independently and fearlessly. It is further prayed that during the pendency of this application before this Hon'ble Court the further proceedings of the Original Suit No.351 of 2020 (Ajay Kumar Vs. Smt. Ruchi Verma), under Section 13 of Hindu Marriage Act in the court of Principal Judge Family Court, Banda be stayed failing which applicant shall suffer irreparable loss."

4. The Court entertained the matter on 01.04.2022 and stayed the proceedings of divorce petition. The order dated 01.04.2022 is quoted as under:- " Heard learned counsel for the applicant. Present application has been filed by the applicant to transfer the Original Suit Case No. 351 of 2020 (Ajay Kumar vs. Smt. Ruchi Verma) under Section 13 of the Hindu Marriage Act from District Banda to District Kanpur Nagar and further stay the proceedings of the said case. Learned counsel for the applicant submitted that applicant is wife of opposite party having one minor girl child residing at Kanpur Nagar, which is around 200 kilometers away from District Banda. Therefore, it is very difficult for her to attend the Court proceedings at District Banda on each date fixed and defend effectively. Lastly, he submitted that the aforesaid case may be transferred to District Kanpur Nagar. Matter requires consideration. Issue notice to the opposite party returnable within six weeks. Steps be taken within one week. List this case on 13.05.2022. Till the next date of listing, proceeding of the aforesaid case shall remain stayed. "

5. In pursuance of the order dated 01.04.2022 pleadings are exchanged between the parties.

6. Learned counsel for the applicant submits that in view of the fact mentioned in paragraph nos.10, 11, 12, 13 and 14 of the affidavit filed in support of the instant transfer application, the proceedings of divorce petition should be transferred from Principal Judge Family Court, Banda to Principal Judge Family Court, Kanpur Nagar.

7. Sri Chandra Prakash Kushwaha, learned counsel for the opposite party submitted that opposite party/ husband has no objection if the pending proceeding of the case, initiated by opposite party/husband, is transferred from Banda to Knapur Nagar so that the pending proceeding can be decided expeditiously.

8. I have considered the arguments advanced by the learned counsel for the parties and perused the records.

9. There is no dispute about the fact that divorce petition filed by the opposite party-husband is pending in the Family Court, Banda.

10. In order to appreciate the controversy involved in the matter, perusal of paragraph no.10 to 14 of the affidavit filed in support of the instant transfer application will be relevant which are as under:- " 10. That the applicant has one brother but he is also in service in Airforce and is posted in his Battalion and out from home for the duty of nation. Due to which the applicant is unable to do pairvi in the aforesaid case at District Banda.

11. That after that at many occasions with the help of relatives and elders of the family, the applicant tried his level best to bring her back to her matrimonial house and live peacefully the married life along with the opposite party but all the vain.

12. That all these scenario for the reasons best to known the opposite party, a divorce petition was filed under section 13 of the Hindi Marriage Act in the Court of Principal Judge Family Banda on the basis of frivolous and concocted grounds.

13. That the applicant is a Government servant and therefore gets lesser time where the applicant has great threat to his personal life and liberty since the whole family dispute drama is the result of the undue interference by the family members of opposite party.

14. That the notices has been received by the applicant but could not be appeared due to the aforesaid reasons. It is also averred that due to paucity of leave and time because of work the applicant could not properly face the proceedings of the lower court hence due to her non appearance before the concerned court the applicant is afraid that adverse orders against record might be passed in the concerned case. also it is relevant to state here that the applicant having threat to his life in District Banda from the family members of opposite party, always fear from going to Banda, since the family members of opposite party always threatens him who may endanger her life."

11. In view of the averments made in the affidavit filed in support of the instant transfer application as quoted above as well as statement made by the learned counsel for the opposite party- husband that the opposite party-husband has no objection to the prayer of the applicant to transfer the divorce petition from Banda to Kanpur Nagar, theprayer for transfer made by applicant/wife should be allowed.

12. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Case No.351 of 2020 (Ajay Kumar Vs. Smt. Ruchi Verma), under Section 13 of Hindu Marriage Act, pending before the Principal Judge Family Court, Banda is transferred to Family Court, Kanpur Nagar. The Family Court, Banda is directed to transmit the record of the case to the Family Court at Kanpur Nagar forthwith. The Family Court, Kanpur Nagar is directed to conclude the aforementioned matrimonial proceeding to its logical conclusion as expeditiously preferably within a period of eight months from the date of production of certified copy of this order, after affording opportunity of hearing to both the parties, in accordance with law. Order Date :- 19.8.2025 Mini MINI KANAUJIYA High Court of Judicature at Allahabad

Applicant :- Ruchi Verma Opposite Party :- Ajay Kumar Counsel for Applicant :- Abhijeet Verma,Anuj Srivastava,Indra Jit Singh,Ratnesh Pandey,Vimal Dharm Yadav Counsel for Opposite Party :- Chandra Prakash Kushwaha,Yogesh Kumar Vaish Hon'ble Chandra Kumar Rai,J.

1. Heard Sri Vimal Dharm Yadav, learned counsel for the applicant-wife and Sri Chandra Prakash Kushwaha, learned counsel for the opposite party-husband.

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

3. The instant transfer application has been filed for the following relief:- " It is, therefore, Most Respectfully prayed that this Hon'ble Court may kindly be pleased to allow this application and transfer the Original Suit No.351 of 2020 (Ajay Kumar Vs. Smt. Ruchi Verma), under Section 13 of Hindu Marriage Act in the court of Principal Judge Family Court, Banda to the Principal Judge Family Court, Kanpur Nagar, so that applicant may contest the case freely independently and fearlessly. It is further prayed that during the pendency of this application before this Hon'ble Court the further proceedings of the Original Suit No.351 of 2020 (Ajay Kumar Vs. Smt. Ruchi Verma), under Section 13 of Hindu Marriage Act in the court of Principal Judge Family Court, Banda be stayed failing which applicant shall suffer irreparable loss."

4. The Court entertained the matter on 01.04.2022 and stayed the proceedings of divorce petition. The order dated 01.04.2022 is quoted as under:- " Heard learned counsel for the applicant. Present application has been filed by the applicant to transfer the Original Suit Case No. 351 of 2020 (Ajay Kumar vs. Smt. Ruchi Verma) under Section 13 of the Hindu Marriage Act from District Banda to District Kanpur Nagar and further stay the proceedings of the said case. Learned counsel for the applicant submitted that applicant is wife of opposite party having one minor girl child residing at Kanpur Nagar, which is around 200 kilometers away from District Banda. Therefore, it is very difficult for her to attend the Court proceedings at District Banda on each date fixed and defend effectively. Lastly, he submitted that the aforesaid case may be transferred to District Kanpur Nagar. Matter requires consideration. Issue notice to the opposite party returnable within six weeks. Steps be taken within one week. List this case on 13.05.2022. Till the next date of listing, proceeding of the aforesaid case shall remain stayed. "

5. In pursuance of the order dated 01.04.2022 pleadings are exchanged between the parties.

6. Learned counsel for the applicant submits that in view of the fact mentioned in paragraph nos.10, 11, 12, 13 and 14 of the affidavit filed in support of the instant transfer application, the proceedings of divorce petition should be transferred from Principal Judge Family Court, Banda to Principal Judge Family Court, Kanpur Nagar.

7. Sri Chandra Prakash Kushwaha, learned counsel for the opposite party submitted that opposite party/ husband has no objection if the pending proceeding of the case, initiated by opposite party/husband, is transferred from Banda to Knapur Nagar so that the pending proceeding can be decided expeditiously.

8. I have considered the arguments advanced by the learned counsel for the parties and perused the records.

9. There is no dispute about the fact that divorce petition filed by the opposite party-husband is pending in the Family Court, Banda.

10. In order to appreciate the controversy involved in the matter, perusal of paragraph no.10 to 14 of the affidavit filed in support of the instant transfer application will be relevant which are as under:- " 10. That the applicant has one brother but he is also in service in Airforce and is posted in his Battalion and out from home for the duty of nation. Due to which the applicant is unable to do pairvi in the aforesaid case at District Banda.

11. That after that at many occasions with the help of relatives and elders of the family, the applicant tried his level best to bring her back to her matrimonial house and live peacefully the married life along with the opposite party but all the vain.

12. That all these scenario for the reasons best to known the opposite party, a divorce petition was filed under section 13 of the Hindi Marriage Act in the Court of Principal Judge Family Banda on the basis of frivolous and concocted grounds.

13. That the applicant is a Government servant and therefore gets lesser time where the applicant has great threat to his personal life and liberty since the whole family dispute drama is the result of the undue interference by the family members of opposite party.

14. That the notices has been received by the applicant but could not be appeared due to the aforesaid reasons. It is also averred that due to paucity of leave and time because of work the applicant could not properly face the proceedings of the lower court hence due to her non appearance before the concerned court the applicant is afraid that adverse orders against record might be passed in the concerned case. also it is relevant to state here that the applicant having threat to his life in District Banda from the family members of opposite party, always fear from going to Banda, since the family members of opposite party always threatens him who may endanger her life."

11. In view of the averments made in the affidavit filed in support of the instant transfer application as quoted above as well as statement made by the learned counsel for the opposite party- husband that the opposite party-husband has no objection to the prayer of the applicant to transfer the divorce petition from Banda to Kanpur Nagar, theprayer for transfer made by applicant/wife should be allowed.

12. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Case No.351 of 2020 (Ajay Kumar Vs. Smt. Ruchi Verma), under Section 13 of Hindu Marriage Act, pending before the Principal Judge Family Court, Banda is transferred to Family Court, Kanpur Nagar. The Family Court, Banda is directed to transmit the record of the case to the Family Court at Kanpur Nagar forthwith. The Family Court, Kanpur Nagar is directed to conclude the aforementioned matrimonial proceeding to its logical conclusion as expeditiously preferably within a period of eight months from the date of production of certified copy of this order, after affording opportunity of hearing to both the parties, in accordance with law. Order Date :- 19.8.2025 Mini MINI KANAUJIYA High Court of Judicature at Allahabad