Sonendra Singh v. Smt. Neetu) filed under Section

Applicant :- Smt. Neetu Opposite Party :- Sonendra Singh Counsel for Applicant :- Satya Prakash Chaturvedi Hon'ble Chandra Kumar Rai,J.

1. Heard Sri Satya Prakash Chaturvedi, learned counsel for applicant.

2. Brief facts of the case are that applicant is wife and opposite party is husband. Proceeding under Section 13 of the Hindu Marriage Act, 1955 initiated at the instance of opposite party/husband is pending in the Principal Judge Family Court at Jalaun at Orai.

3. The instant transfer application has been filed for the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow present application by transferring the matrimonial petition no. 86 of 2023 (Sonendra Singh vs. Smt. Neetu) filed under Section 13 of Hindu Marriage Act, 1955 from Principal Judge Family Court Jalaun at Orai to Pricipal Judge Family Court at Hamirpur, in the better interest of justice."

4. This Court entertained the matter on 04.10.2023 and stayed the proceeding of divorce petition. Interim order dated 04.10.2023 passed by this Court is quoted as under:- "1. Heard learned counsel for the applicant.

2. Sri Gaurav Singh Tomar, Advocate bearing Advocate Roll No.A/G-0352/2014 states that he has received instruction on behalf of opposite party and will file Vakalatnama within a week.

3. The present application has been filed by the applicant-wife seeking transfer of Case No.86 of 2023 (Sonendra Singh Vs. Shalini Shukla), under Section 13 of Hindu Marriage Act pending in the court of Principal Judge, Family Court, Jalaun at Orai to Court of Principal Judge, Family Court, Hamirpur.

4. It is submitted by the learned counsel for the applicant that two proceedings; one under Section 125 of Cr.P.C. and another in Case Crime No.0120 of 2010, under Sections 498A, 323, 354, 354(Kha) and 506 I.P.C. and Section 3/4 of Dowry Prohibition Act have been instituted by the applicant against the opposite party at Hamirpur whereas opposite party has instituted the divorce petition at District, Jalaun. It is submitted that the applicant alongwith her minor son is residing with her aged parents at Hamirpur and applicant has no source of income to meet the litigation expenses and other expenses which is to be incurred in travelling from Hamirpur to Jalaun to contest the case instituted by opposite party at Jalaun alongwith her minor son 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 Jalaun, applicant would suffer serious prejudice.

5. Matter requires consideration.

6. Learned counsel for the opposite party prays for and is granted four weeks time to file counter affidavit. Four weeks, thereafter, is allowed to the applicant to file rejoinder affidavit.

7. List on 30.11.2023 showing the name of Sri Gaurav Singh Tomar as counsel for the opposite party.

8. Until further orders of this Court, further proceeding of Case No.86 of 2023 (Sonendra Singh Vs. Shalini Shukla), under Section 13 of Hindu Marriage Act pending in the court of Principal Judge, Family Court, Jalaun at Orai shall remain stayed."

5. Notice was issued to the opposite party twice, but nobody has put in appearance on behalf of opposite party.

6. Office has reported that service is sufficient upon the opposite party/husband.

7. Learned counsel for the applicant submitted that in view of pendency of three cases between the parties at Hamirpur, the proceeding under Section 13 of the Hindu Marriage Act, 1955 initiated at the instance of opposite party/husband in Principal Judge Family Court, Jalaun at Orai should be transferred to Hamirpur. He placed the averments made in the paragraph nos. 4, 5, 6, 8, 9, 10 & 11 of the affidavit filed in support of the instant transfer application in support of his argument.

8. I have considered the arguments advanced by the learned counsel for the applicant and perused the record.

9. There is no dispute about the fact that proceeding under Section 13 of the Hindu Marriage Act, 1955 initiated by opposite party/husband is pending in the Court of Principal Judge Family Court Jalaun at Orai.

10. In order to appreciate the controversy involved in the matter, perusal of paragraph nos. 4 to 11 of the affidavit filed in support of the instant transfer application will be relevant, which are as under:- "4. That, it was beyond the capacity of the father of applicant and therefore they started physical and mental torture to the applicant and lastly on 16.01.2023, the applicant was expelled from her in laws house along with her minor son namely "Vansh" aged about 3 years and in view of facts, the applicant was left without no option except to lodge a first information report on 30.03.2023, giving rise to case crime no. 0120 of 2023, under Section 498A, 323, 354(Kha), 506 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Kurara, District Hamirpur. For kind perussal of this Hon'ble Court the copy of the first information report dated 30.03.2023 is being filed herewith and marked as Annexure No. 1 to this affidavit.

5. That, since in the given situation, the applicant found herself to be helpless for maintaining herself as well her minor son, therefore she filed an application in the Principal Family Court at Hamirpur under Section 125 of Code of Criminal Procedure being application no. 92 of 2023 (Smt. Neetu Vs. Sonendra @ Sonu), seeking maintenance but she is not getting any maintenance as such the application is under the process of adjudication at Family Court, the copy of application is being filed and marked as Annexure No. 2 to this affidavit.

6. That, she has sustained a physical and mental torture to the magnitude of such extent that she filed a case under Section 12 of protection of women from Domestic Violence Act, 2005 being Case No. 340 of 2023 (Smt. Neetu Vs. Sonendra and others) in the Court of Civil Judge Junior Division/F.T.C. (Crime against Women), Hamirpur. The copy of the complaint along with order sheet are being collectively filed herewith and marked as Annexure No. 3 to this affidavit.

8. That, the applicant is a lady having a minor son aged about 3 years for having responsibility to take care of and therefore it is quite difficult for her to go at Orai District Jalaun for doing the pairvi of the case coupled with the facts that there is threat to her life and the opposite party may go to any extent even snatching of her minor son forcibly in custody. On 26.07.2023, the applicant along with her uncle visit the Principal Family Court Jalaun at Orai, when they return to Hamirpur, Sonendra and his friends stopped them and given threat not come to Orai for doing pairvi of the case of divorce and scrambled with his uncle. An application given by the applicant regarding the incident to Superintendent of Police Jalaun by registered post on 27.07.2023 and also a complaint to integrated Grievance redressal system Uttar Pradesh on 26.07.2023. For kind perusal of this Hon'ble Court the true copy of the application dated 27.7.2023 and grievance dated 26.07.2023 along with postal receipt are being collectively filed herewith and marked as Annexure No. 5 to this affidavit.

9. That, distance of Orai from Hamirpur is near about 85 Km and she has no means to travel from to Hamirpor to Orai on each and Hamirpor very date to participate in the proceeding, in view of the circumstances stated herein above.

10. That, there is no direct train for Hamirpur to Jalaun for travel therefore it is also a difficult for the applicant to reach there in participating in the proceedings and since 3 cases are pending at Hamirpur it will be more convenient for the applicant to Hamirpor transfer the aforesaid matrimonial petition at Hamirpor.

11. That, in the given situation the applicant has no option except to approach the Hon'ble Court by filing the instant application for invoking the jurisdiction contained under Section 24 Code of Civil Procedure."

11. In view of the averments made in the affidavit as quoted above, the prayer for transfer of the divorce petition from the Court of Principal Judge Family Court, Jalaun at Orai to Family Court at Hamirpur is genuine.

12. 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. Apex Court Judgment rendered in Vaishali Shridhar Jagtap (Supra) will be relevant for perusal, which are as under:- "1. 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."

13. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Case No. 86 of 2023 (Sonendra Singh Vs. Smt. Neetu), under Section 13 of the Hindu Marriage Act pending in the Court of Principal Judge Family Court, Jalaun at Orai is transferred to Family Court at Hamirpur. The Principal Judge, Family Court, Jalaun at Orai is directed to transmit the record of the Case No. 86 of 2023 forthwith to Family Court at Hamirpur. The Family Court, Hamirpur is directed to decide the proceeding of aforementioned Case No. 86 of 2023 (Sonendra Singh Vs. Smt. Neetu), under Section 13 of the Hindu Marriage Act, after affording opportunity of hearing to the parties, expeditiously. Order Date :- 14.8.2025 Neetu NEETU SINGH High Court of Judicature at Allahabad

Applicant :- Smt. Neetu Opposite Party :- Sonendra Singh Counsel for Applicant :- Satya Prakash Chaturvedi Hon'ble Chandra Kumar Rai,J.

1. Heard Sri Satya Prakash Chaturvedi, learned counsel for applicant.

2. Brief facts of the case are that applicant is wife and opposite party is husband. Proceeding under Section 13 of the Hindu Marriage Act, 1955 initiated at the instance of opposite party/husband is pending in the Principal Judge Family Court at Jalaun at Orai.

3. The instant transfer application has been filed for the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow present application by transferring the matrimonial petition no. 86 of 2023 (Sonendra Singh vs. Smt. Neetu) filed under Section 13 of Hindu Marriage Act, 1955 from Principal Judge Family Court Jalaun at Orai to Pricipal Judge Family Court at Hamirpur, in the better interest of justice."

4. This Court entertained the matter on 04.10.2023 and stayed the proceeding of divorce petition. Interim order dated 04.10.2023 passed by this Court is quoted as under:- "1. Heard learned counsel for the applicant.

2. Sri Gaurav Singh Tomar, Advocate bearing Advocate Roll No.A/G-0352/2014 states that he has received instruction on behalf of opposite party and will file Vakalatnama within a week.

3. The present application has been filed by the applicant-wife seeking transfer of Case No.86 of 2023 (Sonendra Singh Vs. Shalini Shukla), under Section 13 of Hindu Marriage Act pending in the court of Principal Judge, Family Court, Jalaun at Orai to Court of Principal Judge, Family Court, Hamirpur.

4. It is submitted by the learned counsel for the applicant that two proceedings; one under Section 125 of Cr.P.C. and another in Case Crime No.0120 of 2010, under Sections 498A, 323, 354, 354(Kha) and 506 I.P.C. and Section 3/4 of Dowry Prohibition Act have been instituted by the applicant against the opposite party at Hamirpur whereas opposite party has instituted the divorce petition at District, Jalaun. It is submitted that the applicant alongwith her minor son is residing with her aged parents at Hamirpur and applicant has no source of income to meet the litigation expenses and other expenses which is to be incurred in travelling from Hamirpur to Jalaun to contest the case instituted by opposite party at Jalaun alongwith her minor son 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 Jalaun, applicant would suffer serious prejudice.

5. Matter requires consideration.

6. Learned counsel for the opposite party prays for and is granted four weeks time to file counter affidavit. Four weeks, thereafter, is allowed to the applicant to file rejoinder affidavit.

7. List on 30.11.2023 showing the name of Sri Gaurav Singh Tomar as counsel for the opposite party.

8. Until further orders of this Court, further proceeding of Case No.86 of 2023 (Sonendra Singh Vs. Shalini Shukla), under Section 13 of Hindu Marriage Act pending in the court of Principal Judge, Family Court, Jalaun at Orai shall remain stayed."

5. Notice was issued to the opposite party twice, but nobody has put in appearance on behalf of opposite party.

6. Office has reported that service is sufficient upon the opposite party/husband.

7. Learned counsel for the applicant submitted that in view of pendency of three cases between the parties at Hamirpur, the proceeding under Section 13 of the Hindu Marriage Act, 1955 initiated at the instance of opposite party/husband in Principal Judge Family Court, Jalaun at Orai should be transferred to Hamirpur. He placed the averments made in the paragraph nos. 4, 5, 6, 8, 9, 10 & 11 of the affidavit filed in support of the instant transfer application in support of his argument.

8. I have considered the arguments advanced by the learned counsel for the applicant and perused the record.

9. There is no dispute about the fact that proceeding under Section 13 of the Hindu Marriage Act, 1955 initiated by opposite party/husband is pending in the Court of Principal Judge Family Court Jalaun at Orai.

10. In order to appreciate the controversy involved in the matter, perusal of paragraph nos. 4 to 11 of the affidavit filed in support of the instant transfer application will be relevant, which are as under:- "4. That, it was beyond the capacity of the father of applicant and therefore they started physical and mental torture to the applicant and lastly on 16.01.2023, the applicant was expelled from her in laws house along with her minor son namely "Vansh" aged about 3 years and in view of facts, the applicant was left without no option except to lodge a first information report on 30.03.2023, giving rise to case crime no. 0120 of 2023, under Section 498A, 323, 354(Kha), 506 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Kurara, District Hamirpur. For kind perussal of this Hon'ble Court the copy of the first information report dated 30.03.2023 is being filed herewith and marked as Annexure No. 1 to this affidavit.

5. That, since in the given situation, the applicant found herself to be helpless for maintaining herself as well her minor son, therefore she filed an application in the Principal Family Court at Hamirpur under Section 125 of Code of Criminal Procedure being application no. 92 of 2023 (Smt. Neetu Vs. Sonendra @ Sonu), seeking maintenance but she is not getting any maintenance as such the application is under the process of adjudication at Family Court, the copy of application is being filed and marked as Annexure No. 2 to this affidavit.

6. That, she has sustained a physical and mental torture to the magnitude of such extent that she filed a case under Section 12 of protection of women from Domestic Violence Act, 2005 being Case No. 340 of 2023 (Smt. Neetu Vs. Sonendra and others) in the Court of Civil Judge Junior Division/F.T.C. (Crime against Women), Hamirpur. The copy of the complaint along with order sheet are being collectively filed herewith and marked as Annexure No. 3 to this affidavit.

8. That, the applicant is a lady having a minor son aged about 3 years for having responsibility to take care of and therefore it is quite difficult for her to go at Orai District Jalaun for doing the pairvi of the case coupled with the facts that there is threat to her life and the opposite party may go to any extent even snatching of her minor son forcibly in custody. On 26.07.2023, the applicant along with her uncle visit the Principal Family Court Jalaun at Orai, when they return to Hamirpur, Sonendra and his friends stopped them and given threat not come to Orai for doing pairvi of the case of divorce and scrambled with his uncle. An application given by the applicant regarding the incident to Superintendent of Police Jalaun by registered post on 27.07.2023 and also a complaint to integrated Grievance redressal system Uttar Pradesh on 26.07.2023. For kind perusal of this Hon'ble Court the true copy of the application dated 27.7.2023 and grievance dated 26.07.2023 along with postal receipt are being collectively filed herewith and marked as Annexure No. 5 to this affidavit.

9. That, distance of Orai from Hamirpur is near about 85 Km and she has no means to travel from to Hamirpor to Orai on each and Hamirpor very date to participate in the proceeding, in view of the circumstances stated herein above.

10. That, there is no direct train for Hamirpur to Jalaun for travel therefore it is also a difficult for the applicant to reach there in participating in the proceedings and since 3 cases are pending at Hamirpur it will be more convenient for the applicant to Hamirpor transfer the aforesaid matrimonial petition at Hamirpor.

11. That, in the given situation the applicant has no option except to approach the Hon'ble Court by filing the instant application for invoking the jurisdiction contained under Section 24 Code of Civil Procedure."

11. In view of the averments made in the affidavit as quoted above, the prayer for transfer of the divorce petition from the Court of Principal Judge Family Court, Jalaun at Orai to Family Court at Hamirpur is genuine.

12. 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. Apex Court Judgment rendered in Vaishali Shridhar Jagtap (Supra) will be relevant for perusal, which are as under:- "1. 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."

13. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Case No. 86 of 2023 (Sonendra Singh Vs. Smt. Neetu), under Section 13 of the Hindu Marriage Act pending in the Court of Principal Judge Family Court, Jalaun at Orai is transferred to Family Court at Hamirpur. The Principal Judge, Family Court, Jalaun at Orai is directed to transmit the record of the Case No. 86 of 2023 forthwith to Family Court at Hamirpur. The Family Court, Hamirpur is directed to decide the proceeding of aforementioned Case No. 86 of 2023 (Sonendra Singh Vs. Smt. Neetu), under Section 13 of the Hindu Marriage Act, after affording opportunity of hearing to the parties, expeditiously. Order Date :- 14.8.2025 Neetu NEETU SINGH High Court of Judicature at Allahabad