High Court · 2025

Applicant :- Smt. Charu Opposite Party :- Vipin Tyagi Counsel for Applicant :- Krishna Kant Dubey,Santosh Kumar Dubey Counsel for Opposite Party :- Ashish Rai,Om Prakash Rai Hon'ble Chandra Kumar Rai,J.

1. Heard learned counsel for the applicant and Sri Om Prakash Rai, 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 graciously be pleased to allow this application and direct the Principal Judge Family Court Ghaziabad to transfer the case no.533 of 2020 in between Vipin Tyagi Vs. Smt. Charu under Section 13 of Hindu Marriage Act, 1955 to the Court of Principal Judge Family Court, Hapur, so that justice may be done. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings pending before Principal Judge Family Court, Ghaziabad in Case No.533 of 2020 in between Vipin Tyagi vs. Smt. Charu under Section 13 of Hindu Marriage Act, 1955, during the pendency of the transfer application before this Hon'ble Court, otherwise the applicant shall suffer irreparable loss and injury."

4. This Court entertained the matter on 03.05.2023 and stayed the proceedings of divorce petition. The order dated 03.05.2023 is quoted as under:- " Heard learned counsel for the applicant in support of this application. This Transfer Application has been moved by the applicant seeking transfer of Case No.533 of 2020 Vipin Tyagi Vs. Smt. Charu, under Section - 13 of Hindu Marriage Act, 1955 from the Principal Judge, Family Court, Ghaziabad to the Principal Judge, Family Court, Hapur. Submission is that the marriage between the parties solemnized on 07.03.2014. Thereafter, some discontent arose between the parties, out of which divorce petition was filed by the opposite party against the applicant at Ghaziabad, whereas, the applicant has been residing with her parents at Hapur. The proceeding under Section 125 Cr.P.C. has been initiated by the applicant as she has no source of income to maintain herself. In case the proceeding is allowed to go on at Ghaziabad, it would cause great hardship. The applicant being lady already dependent upon her parents would not be in a position to travel from Hapur to Ghaziabad. Issue notice to opposite party returnable on 04.07.2023. Steps be taken by both ways i.e. speed post as well as R.P. A.D. within a week. Put up this case on 04.07.2023, as fresh, along with a report regarding service and the postal track attached. Till the next date of listing, the proceeding of the aforesaid case shall be kept in abeyance."

5. Learned counsel for the applicant submits that in view of the fact mentioned in paragraph nos.10, 11, 12 and 13 of the affidavit filed in support of the instant application, the proceedings of case under Section 13 of Hindu Marriage Act should be transferred from Principal Judge Family Court, Ghaziabad to Principal Judge Family Court, Hapur.

6. Sri Om Prakash Rai, 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 Ghaziabad to Hapur so that the pending proceeding can be decided expeditiously.

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

8. There is no dispute about the fact that proceedings of case under Section 13 of Hindu Marriage Act filed by the opposite party- husband is pending in the Family Court.

9. 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 applicant has no source of income she is simple house wife and she is living with her old parents.

11. That opposite party always threatened the applicant when she visited for pairvi in this case, her life is in danger.

12. That applicant is a lady and she lived in Hapur with her old parents due to this very difficult that applicant do pairvi of her case in Ghaziabad, therefore, it is most convenience that this case should be transfer to Hapur.

13. That present applicant filed an application under Section 125 Cr.P.C. in district Hapur for maintenance."

14. That the applicant is helpless lady and also presently she is jobless and she has no source of income for attending the case of Section 13 HMA in District Ghaziabad.

10. 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 opposite party-husband has no objection to the prayer of the applicant to transfer the divorce petition from Ghaziabad to Hapur, the proceedings of divorce petition should be transferred from Ghaziabad to Hapur.

11. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of case no.533 of 2020 (Vipin Tyagi Vs. Smt. Charu) under Section 13 of Hindu Marriage Act, 1955 pending before the court of Principal Judge Family Court, Ghaziabad is transferred to Family Court, Hapur. The Family Court, Ghaziabad is directed to transmit the record of the case no.533 of 2020 to the Family Court at Hapur forthwith. The Family Court, Hapur 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 :- Smt. Charu Opposite Party :- Vipin Tyagi Counsel for Applicant :- Krishna Kant Dubey,Santosh Kumar Dubey Counsel for Opposite Party :- Ashish Rai,Om Prakash Rai Hon'ble Chandra Kumar Rai,J.

1. Heard learned counsel for the applicant and Sri Om Prakash Rai, 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 graciously be pleased to allow this application and direct the Principal Judge Family Court Ghaziabad to transfer the case no.533 of 2020 in between Vipin Tyagi Vs. Smt. Charu under Section 13 of Hindu Marriage Act, 1955 to the Court of Principal Judge Family Court, Hapur, so that justice may be done. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings pending before Principal Judge Family Court, Ghaziabad in Case No.533 of 2020 in between Vipin Tyagi vs. Smt. Charu under Section 13 of Hindu Marriage Act, 1955, during the pendency of the transfer application before this Hon'ble Court, otherwise the applicant shall suffer irreparable loss and injury."

4. This Court entertained the matter on 03.05.2023 and stayed the proceedings of divorce petition. The order dated 03.05.2023 is quoted as under:- " Heard learned counsel for the applicant in support of this application. This Transfer Application has been moved by the applicant seeking transfer of Case No.533 of 2020 Vipin Tyagi Vs. Smt. Charu, under Section - 13 of Hindu Marriage Act, 1955 from the Principal Judge, Family Court, Ghaziabad to the Principal Judge, Family Court, Hapur. Submission is that the marriage between the parties solemnized on 07.03.2014. Thereafter, some discontent arose between the parties, out of which divorce petition was filed by the opposite party against the applicant at Ghaziabad, whereas, the applicant has been residing with her parents at Hapur. The proceeding under Section 125 Cr.P.C. has been initiated by the applicant as she has no source of income to maintain herself. In case the proceeding is allowed to go on at Ghaziabad, it would cause great hardship. The applicant being lady already dependent upon her parents would not be in a position to travel from Hapur to Ghaziabad. Issue notice to opposite party returnable on 04.07.2023. Steps be taken by both ways i.e. speed post as well as R.P. A.D. within a week. Put up this case on 04.07.2023, as fresh, along with a report regarding service and the postal track attached. Till the next date of listing, the proceeding of the aforesaid case shall be kept in abeyance."

5. Learned counsel for the applicant submits that in view of the fact mentioned in paragraph nos.10, 11, 12 and 13 of the affidavit filed in support of the instant application, the proceedings of case under Section 13 of Hindu Marriage Act should be transferred from Principal Judge Family Court, Ghaziabad to Principal Judge Family Court, Hapur.

6. Sri Om Prakash Rai, 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 Ghaziabad to Hapur so that the pending proceeding can be decided expeditiously.

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

8. There is no dispute about the fact that proceedings of case under Section 13 of Hindu Marriage Act filed by the opposite party- husband is pending in the Family Court.

9. 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 applicant has no source of income she is simple house wife and she is living with her old parents.

11. That opposite party always threatened the applicant when she visited for pairvi in this case, her life is in danger.

12. That applicant is a lady and she lived in Hapur with her old parents due to this very difficult that applicant do pairvi of her case in Ghaziabad, therefore, it is most convenience that this case should be transfer to Hapur.

13. That present applicant filed an application under Section 125 Cr.P.C. in district Hapur for maintenance."

14. That the applicant is helpless lady and also presently she is jobless and she has no source of income for attending the case of Section 13 HMA in District Ghaziabad.

10. 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 opposite party-husband has no objection to the prayer of the applicant to transfer the divorce petition from Ghaziabad to Hapur, the proceedings of divorce petition should be transferred from Ghaziabad to Hapur.

11. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of case no.533 of 2020 (Vipin Tyagi Vs. Smt. Charu) under Section 13 of Hindu Marriage Act, 1955 pending before the court of Principal Judge Family Court, Ghaziabad is transferred to Family Court, Hapur. The Family Court, Ghaziabad is directed to transmit the record of the case no.533 of 2020 to the Family Court at Hapur forthwith. The Family Court, Hapur 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