Lokesh Verma v. Monika Verma) under section

2. Brief facts of the case are that applicant is wife and opposite party is husband. The proceedings under Section 13 of the Hindu Marriage Act, 1955 has been initiated in the Court of Principal Judge, Family Court, Gautam Budh Nagar by opposite party/husband.

3. The instant transfer application has been filed on behalf of wife/applicant for the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow this application and transfer the pending Marriage Petition No.435 of 2022 (Lokesh Verma vs. Monika Verma) under section 13 of Hindu Marriage Act, 1955, pending in the court of Principal Judge, Family Court, Gautam Budh Nagar to the Competent Court at Hapur, so that the applicant may be participate in the proceedings and justice may be done. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of Marriage Petition No.435 of 2022 (Lokesh Verma vs. Monika Verma) under section 13 of Hindu Marriage Act, 1955 pending in the court of Principal Judge, Family Court, Gautam Budh Nagar to the Competent Court at Hapur, during the pendency of the present transfer application, so that justice may be done, otherwise the petitioner shall suffer an irreparable loss and injury, and or pass such order as this Hon'ble Court may deem fit and proper under the facts and circumstances of this case."

4. This Court entertained the matter on 29.08.2023 and stayed the further proceedings of Case No.435 of 2022 under Section 13 of the Hindu Marriage Act, 1955.

5. Nobody has put in appearance on behalf of opposite party inspite of sufficient service of notice upon opposite party.

6. Learned counsel for applicant submitted that proceedings are already pending between the applicant and opposite party at Hapur, as such proceedings under Section 13 of the Hindu Marriage Act initiated by opposite party at Gautam Budh Nagar should be transferred from Gautam Budh Nagar to Hapur. He placed the averment made in paragraph nos.14 to 20 of the affidavit filed in support of the instant transfer application in order to demonstrate that proceedings of Section 13 of the Hindu Marriage Act, 1955 should be transferred from Gautam Budh Nagar to Hapur. He submitted that instant transfer application should be allowed and the proceedings under Section 13 of the Hindu Marriage Act, 1955 should be transferred from Gautam Budh Nagar to Hapur."

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

8. There is no dispute about the fact that proceedings under Section 13 of the Hindu Marriage Act, 1955 initiated by the opposite party/husband is pending in the Court of Principal Judge Family Court, Gautam Budh Nagar.

9. In order to appreciate the controversy involved in the matter, perusal of paragraph nos.14 to 20 of the affidavit filed in support of instant transfer application will be relevant which are as under:- "14. That the applicant is socially, economically and physically not able to contest the case thrust upon her and on her disabled child at Gautam Budh Nagar by coming on each date from Hapur.

15. That the applicant is absolutely helpless to participate in the proceedings running at Gautam Budh Nagar and has no other way to bear the curse.

16. That it is further stated that after making every possible effort of explaining the opposite party to take back him to her matrimonial fold, and on rejecting the prayer of the applicant, the applicant was not left with any other option and made a complaint of the incident which has taken place with her and registered an F.I.R. Under Section 498A, 323, 504 and 354D I.P.C. and 3/4 D.P. Act on 29.10.2022 at P.S. Mahila Thana, District Hapur.

17. That the applicant has also initiated proceedings under Section 125 Cr.P.C. being Case No.48/2022 on 05.03.2022 and but due to the non- cooperation and delaying tactics of the opposite party, till date, the proceedings could not come to a stage of grant of final relief. It is further submitted that no interim maintenance is granted by the Principal Judge, Family Court, Hapur in the said case.

18. That it is further stated that the applicant has also initiated proceedings under section 202/2022 on 06.04.2022 and here also due to non-cooperation of the opposite party, till date the proceedings could not come to the stage of final relief and also no interim relief has been granted by the Court of Civil Judge (Junior Division)/ F.T.C. Second, Hapur.

19. That the old age of the father of the applicant and her single status causes reasonable apprehension of the threat of life particularly in the eventuality when she has been already threatened of elimination and not only this, but the manufactured documents brought on record by the opposite party further indicates the criminal intent and conspiracy.

20. That the applicant has a daughter who is physically disable upto ninty percent and not able to do anything without support and if the applicant appears in the present matter in Gautam Budh Nagar there is no one to look after her daughter whole day as the parents of the applicant are too old and the brothers are involved in their employment."

10. Notice was issued to the opposite party but nobody has put in appearance although service of notice is sufficient upon the opposite party/husband. No counter affidavit has been filed denying the averment made in the affidavit filed in support of the instant transfer application as such there is no option except to decide the matter on the basis of averment made in the affidavit filed in support of transfer application.

11. Considering the averments made in paragraph nos.14 to 20 of the affidavit filed in support of instant transfer application as quoted above, the case for transfer of the proceedings from Gautam Budh Nagar to Hapur is made out.

12. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceedings of Marriage Petition No.435 of 2022 (Lokesh Verma vs. Monika Verma) under section 13 of Hindu Marriage Act, 1955 is transferred from the Court of Principal Judge, Family Court, Gautam Budh Nagar to the Family Court, Hapur. The Principal Judge, Family Court, Gautam Budh Nagar is directed to transmit the records of Marriage Petition No.435 of 2022 (Lokesh Verma vs. Monika Verma) forthwith to the Family Court, Hapur. The Family Court, Hapur is directed to decide the proceedings of Marriage Petition No.435 of 2022 (Lokesh Verma vs. Monika Verma) under section 13 of Hindu Marriage Act, 1955 expeditiously, in accordance with law, after affording a proper opportunity of hearing to both the parties expeditiously. Order Date :- 13.8.2025 CS/- CHANDAN SINGH High Court of Judicature at Allahabad

2. Brief facts of the case are that applicant is wife and opposite party is husband. The proceedings under Section 13 of the Hindu Marriage Act, 1955 has been initiated in the Court of Principal Judge, Family Court, Gautam Budh Nagar by opposite party/husband.

3. The instant transfer application has been filed on behalf of wife/applicant for the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow this application and transfer the pending Marriage Petition No.435 of 2022 (Lokesh Verma vs. Monika Verma) under section 13 of Hindu Marriage Act, 1955, pending in the court of Principal Judge, Family Court, Gautam Budh Nagar to the Competent Court at Hapur, so that the applicant may be participate in the proceedings and justice may be done. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of Marriage Petition No.435 of 2022 (Lokesh Verma vs. Monika Verma) under section 13 of Hindu Marriage Act, 1955 pending in the court of Principal Judge, Family Court, Gautam Budh Nagar to the Competent Court at Hapur, during the pendency of the present transfer application, so that justice may be done, otherwise the petitioner shall suffer an irreparable loss and injury, and or pass such order as this Hon'ble Court may deem fit and proper under the facts and circumstances of this case."

4. This Court entertained the matter on 29.08.2023 and stayed the further proceedings of Case No.435 of 2022 under Section 13 of the Hindu Marriage Act, 1955.

5. Nobody has put in appearance on behalf of opposite party inspite of sufficient service of notice upon opposite party.

6. Learned counsel for applicant submitted that proceedings are already pending between the applicant and opposite party at Hapur, as such proceedings under Section 13 of the Hindu Marriage Act initiated by opposite party at Gautam Budh Nagar should be transferred from Gautam Budh Nagar to Hapur. He placed the averment made in paragraph nos.14 to 20 of the affidavit filed in support of the instant transfer application in order to demonstrate that proceedings of Section 13 of the Hindu Marriage Act, 1955 should be transferred from Gautam Budh Nagar to Hapur. He submitted that instant transfer application should be allowed and the proceedings under Section 13 of the Hindu Marriage Act, 1955 should be transferred from Gautam Budh Nagar to Hapur."

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

8. There is no dispute about the fact that proceedings under Section 13 of the Hindu Marriage Act, 1955 initiated by the opposite party/husband is pending in the Court of Principal Judge Family Court, Gautam Budh Nagar.

9. In order to appreciate the controversy involved in the matter, perusal of paragraph nos.14 to 20 of the affidavit filed in support of instant transfer application will be relevant which are as under:- "14. That the applicant is socially, economically and physically not able to contest the case thrust upon her and on her disabled child at Gautam Budh Nagar by coming on each date from Hapur.

15. That the applicant is absolutely helpless to participate in the proceedings running at Gautam Budh Nagar and has no other way to bear the curse.

16. That it is further stated that after making every possible effort of explaining the opposite party to take back him to her matrimonial fold, and on rejecting the prayer of the applicant, the applicant was not left with any other option and made a complaint of the incident which has taken place with her and registered an F.I.R. Under Section 498A, 323, 504 and 354D I.P.C. and 3/4 D.P. Act on 29.10.2022 at P.S. Mahila Thana, District Hapur.

17. That the applicant has also initiated proceedings under Section 125 Cr.P.C. being Case No.48/2022 on 05.03.2022 and but due to the non- cooperation and delaying tactics of the opposite party, till date, the proceedings could not come to a stage of grant of final relief. It is further submitted that no interim maintenance is granted by the Principal Judge, Family Court, Hapur in the said case.

18. That it is further stated that the applicant has also initiated proceedings under section 202/2022 on 06.04.2022 and here also due to non-cooperation of the opposite party, till date the proceedings could not come to the stage of final relief and also no interim relief has been granted by the Court of Civil Judge (Junior Division)/ F.T.C. Second, Hapur.

19. That the old age of the father of the applicant and her single status causes reasonable apprehension of the threat of life particularly in the eventuality when she has been already threatened of elimination and not only this, but the manufactured documents brought on record by the opposite party further indicates the criminal intent and conspiracy.

20. That the applicant has a daughter who is physically disable upto ninty percent and not able to do anything without support and if the applicant appears in the present matter in Gautam Budh Nagar there is no one to look after her daughter whole day as the parents of the applicant are too old and the brothers are involved in their employment."

10. Notice was issued to the opposite party but nobody has put in appearance although service of notice is sufficient upon the opposite party/husband. No counter affidavit has been filed denying the averment made in the affidavit filed in support of the instant transfer application as such there is no option except to decide the matter on the basis of averment made in the affidavit filed in support of transfer application.

11. Considering the averments made in paragraph nos.14 to 20 of the affidavit filed in support of instant transfer application as quoted above, the case for transfer of the proceedings from Gautam Budh Nagar to Hapur is made out.

12. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceedings of Marriage Petition No.435 of 2022 (Lokesh Verma vs. Monika Verma) under section 13 of Hindu Marriage Act, 1955 is transferred from the Court of Principal Judge, Family Court, Gautam Budh Nagar to the Family Court, Hapur. The Principal Judge, Family Court, Gautam Budh Nagar is directed to transmit the records of Marriage Petition No.435 of 2022 (Lokesh Verma vs. Monika Verma) forthwith to the Family Court, Hapur. The Family Court, Hapur is directed to decide the proceedings of Marriage Petition No.435 of 2022 (Lokesh Verma vs. Monika Verma) under section 13 of Hindu Marriage Act, 1955 expeditiously, in accordance with law, after affording a proper opportunity of hearing to both the parties expeditiously. Order Date :- 13.8.2025 CS/- CHANDAN SINGH High Court of Judicature at Allahabad