Rahul Chaturvedi v. Smt. Anubha Dwivedi), pending before Principal Judge, Family Court
Case Details
Neutral Citation No. - 2025:AHC:135866 Court No. - 37 Case :- TRANSFER APPLICATION (CIVIL) No. - 639 of 2023
Legal Reasoning
7. There is no dispute about the fact that proceeding under Section 13 of the Hindu Marriage Act initiated by opposite party/husband is pending at Family Court, Muzaffar Nagar. 8. In order to appreciate the controversy, perusal of paragraph nos.15 to 23 of the affidavit filed in support of the instant transfer application will be relevant which are as under:- "15. That, learned Trial Court failed to observe that husband opted to file divorce petition at place other than where wife and child are residing, also husband has not deposited appropriate amount to bear expenses of applicant and his child in travelling approx. 700 kms to and fro, expenses incurred in hotel, fooding, lodging etc. 16. That, applicant is residing with a 3-year-old female child working in a private job to maintain her livelihood and expenses incurred in maintaining her child, it's not possible for her to attend court at Muzaffarnagar on each and every date. 17. That, only one direct train is available to travel from Lucknow to Muzaffarnagar is after 10:30 P.M. and reaches Muzaffarnagar in the afternoon making it impossible for her to attend court. 18. That, father of the applicant is 70 years old aged person and mother 68 years old infirm with old age diseases, travelling alone with 3-year-old child is not possible. With no other person to accompany her to Muzaffarnagar, considering the difficulties faced by applicant, in travelling to attend court, hotel expenses, its return journey is making it impossible for her to attend on everyday date. 19. That, since marriage, opposite party number 2 failed to meet her expenses, did never supported her, did not meet the expenditures incurred in surgery and birth of child, did not meet the expenses incurred in maintaining, schooling and medical facilities of child Arya Chaturvedi has been admitted in Tender Hearts School, Lucknow on 11.02.2023, Session 2023-2024, is attending classes in School and in mid-term would not get admission elsewhere. Copy of fee receipt and admission certificate is being annexed herewith as ANNEXURE NO. 3 to this affidavit. 20. That, Divorce Petition has been filed to pressurise applicant and her parents to extract more dowry as cash and a car, had deserted deponent and her daughter and now wants to get rid of her with future planning to spoil someone else's life hence also divorce case may be transferred to District Lucknow. 21. That, mother of opposite party number 2 has licence to run canteen and catering business at Muzaffarnagar Railway Station having many vendors on all platforms. Opposite Party Number 2 is engaged and manages all the affairs of this business, they all harass and threaten applicant on Railway Station, her life is not safe at station. They ensure she does not get room in nearby hotels to reside nor does he permit her to live in his house. 22. That, Divorce petition was filed when she was residing in her matrimonial house harassing her which establishes the ill motive of opposite party number 2. She does not have local lawyer to help her and to defend her case due to wrong tactics adopted by him otherwise no valid reason to file Divorce Petition at Muzaffarnagar. 23. That, in order to save her matrimonial relation, she is still committed, she wishes to live happily with her husband and his family members this is the reason that inspite the demand of dowry, tortures, misbehaving and cruelty till date she has not filed any case of dowry or maintenance or case in the court of domestic violence. Maybe if the case is transferred to Lucknow district, he may realise the pain and torture of frivolous proceeding. She still wishes to cohabit, reside and enjoy matrimonial life, for sake of honour of her matrimonial house, child and her parental house." 9. Perusal of paragraphs Nos.15 to 23 of the affidavit filed in support of the instant application as quoted above demonstrate that prayer regarding transfer of the proceeding from Muzaffar Nagar to Lucknow at the instance of applicant/wife is genuine couple with the fact that there is no such valid proof/evidence with the opposite party-husband that the father and brother of the applicant-wife, who are the practising advocates at the Civil Court, Lucknow, will make effort to linger on the proceeding and will torture/misbehave with the opposite party-husband. 10. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Divorce Petition No.1778 of 2022, pending in the court of Principal Judge, Family Court, Muzaffar Nagar is transferred to the court of Family Court, Lucknow. The Family Court, Muzaffar Nagar is directed to transmit the record of the case to the Family Court at Lucknow forthwith. The Family Court, Lucknow is directed to conclude the aforementioned matrimonial proceeding to its logical conclusion as expeditiously as possible, preferably within a period of 8 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 :- 11.8.2025 C.Prakash Digitally signed by :- CHANDRA PRAKASH High Court of Judicature at Allahabad
Arguments
Applicant :- Smt. Anubha Dwivedi Opposite Party :- Rahul Chaturvedi Counsel for Applicant :- Rahul Singh,Rajesh Singh Counsel for Opposite Party :- Birendra Kumar Hon'ble Chandra Kumar Rai,J. 1. Heard Mr. Rajesh Singh, learned counsel for the applicant-wife and Mr. Birendra Kumar, learned counsel for the opposite party-husband. 2. The instant transfer application has been filed with the following prayer:- "It is therefore, most humbly and respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application by transferring Divorce Case No.1778 of 2022 (Rahul Chaturvedi vs. Smt. Anubha Dwivedi), pending before Principal Judge, Family Court, Muzaffar Nagar to the Family Court of District Court, Lucknow." 3. This Court entertained the matter on 8.8.2023 and stayed the further proceeding of the case. The order dated 8.8.2023 is quoted as under: "1. Heard learned counsel for the applicant. 2. The present application has been filed by the applicant-wife seeking transfer of Case No.1778 of 2022 (Rahul Chaturvedi Vs. Smt. Anubha Dwivedi), under Section 13 of Hindu Marriage Act pending in the court of Principal Judge, Family Court, Muzaffar Nagar to court of Principal Judge, Family Court, Lucknow. 3. It is submitted by the learned counsel for the applicant that applicant alongwith her three years minor daughter is residing with her aged parents at Lucknow whereas opposite party has instituted the divorce petition at Muzaffar Nagar. It is submitted that applicant is doing private job at Lucknow and distance from Lucknow to Muzaffar Nagar is about 700 kilometres and she has no sufficient means to meet the litigation expenses and other expenses which is to be incurred in travelling from Lucknow to Muzaffar Nagar to contest the case instituted by opposite party at Muzaffar Nagar alongwith her minor daughter on each and every date fixed in the matter. It is further submitted that no amount towards maintenance is being paid to the applicant by the opposite party. Thus, the submission is that if the case is allowed to be proceeded at Muzaffar Nagar, applicant would suffer serious prejudice. 4. Matter requires consideration. 5. Issue notice to respondent/opposite party returnable at an early date. 6. Steps by both modes i.e. ordinary post as well as R.P./A.D. be taken for service of notice upon respondent/opposite party within ten days. 7. Opposite party is granted four weeks time to file counter affidavit. 8. List on 04.10.2023. 9. In case steps are not taken within the aforesaid period, the matter shall be listed under Chapter XII Rule 4 of the Allahabad High Court Rules immediately after expiry of ten days. 10. Until further orders of this Court, further proceeding of Case No.1778 of 2022 (Rahul Chaturvedi Vs. Smt. Anubha Dwivedi), under Section 13 of Hindu Marriage Act pending in the court of Principal Judge, Family Court, Muzaffar Nagar shall remain stayed" 4. Learned counsel for the applicant submitted that proceeding of case under Section 13 of the Hindu Marriage Act initiated by the opposite party-husband should be transferred from the Court of Family Court, Muzaffar Nagar to the competent court at Lucknow. He further placed paragraph Nos.15 to 23 of the affidavit filed in support of the instant transfer application in order to demonstrate that proceeding of case under Section 13 of the Hindu Marriage Act should be transferred from Muzaffar Nagar to Lucknow. 5. Mr. Birendra Kumar, learned counsel for the opposite party submitted that the proceeding under Section 13 of the Hindu Marriage Act, initiated by the husband, should be transferred from Muzaffar Nagar to the adjacent districts of Lucknow, not in the district Lucknow, as the father and brother of the applicant-wife are the practising advocates at Civil Court, Lucknow and they will make effort to linger on the pending proceeding and will also misbehave with the husband-opposite party while attending the court proceedings. 6. I have considered the arguments advanced by the learned counsel for the parties and perused the records.