Namit Gupta v. Smt. Sandhya Gupta, under Section

Applicant :- Smt. Sandhya Gupta Opposite Party :- Namit Gupta Son Of Arun Kumar Gupta Counsel for Applicant :- Sharad Kumar Srivastava Counsel for Opposite Party :- Chandra Shekhar Agnihotri Hon'ble Chandra Kumar Rai,J.

1. Heard Mr. Sharad Kumar Srivastava, learned counsel for the applicant-wife and Mr. Chandra Shekhar Agnihotri, learned counsel for the opposite party-husband.

2. Brief facts of the case are that applicant is a wife and opposite is a husband.Proceeding under section-13 of Hindu Marriage Act initiated at the instance of opposite party/husband is pending in Family Court Kanpur Nagar.

3. The instant transfer application has been filed with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to transfer the Case No. 2828/2021, Under Section 13 of Hindu Marriage Act, pending before the court of Principal Judge, Family Court, District Kanpur Nagar to the court of Principal Judge, Family Court, District Fatehpur. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Case No. 2828/2021, Under Section 13 of Hindu Marriage Act, pending before the court of Principal Judge, Family Court, Kanpur Nagar during the pendency of this application before this Hon'ble Court, and/or be please to pass such other and further order which this Hon'ble Court may deem fit and proper, under the facts and circumstances of the case."

4. This Court entertained the matter on 11.11.2022 and stayed the further proceeding of the case. The order dated 11.11.2022 is quoted as under: "Heard learned counsel for the applicant. This is a Transfer Application made on behalf of the wife seeking transfer of Case No. 2828 of 2021, Namit Gupta Vs. Smt. Sandhya Gupta, under Section 13 of the Hindu Marriage Act, from the Principal Judge, Family Court, Kanpur Nagar to the Family Court, at Fatehpur. It is stated by the learned Counsel for the applicant that there are three cases pending inter partes at Fatehpur, details whereof are mentioned in paragraph Nos. 8, 9 and 10 of the affidavit and, therefore, if the present proceedings are moved there, it would be convenient to both parties as they can request a single date. It is also argued that the applicant is a housewife and has no source of income of her own. There is also a serious threat perception to her life, if she is forced to attend at Kanpur Nagar. It is also urged that convenience of the wife about the venue in a matrimonial cause has to be accorded priority. Admit. Issue notice. Notice is made returnable on 12.12.2022. Steps be taken both ways within a week. List for orders on 12.12.2022 along with a report regarding service and the postal track attached. Until further orders, the proceedings of Case No. 2828 of 2021, Namit Gupta Vs. Smt. Sandhya Gupta, under Section 13 of the Hindu Marriage Act, pending in the Court of Principal Judge, Family Court, Kanpur Nagar shall remain stayed."

5. 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 Family Court, Kanpur Nagar to the competent court at Fatehpur. He further placed paragraph Nos.11 to 17 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 Kanpur Nagar to Fatehpur.

6. Mr. Chandra Shekhar Agnihotri, 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 Kanpur Nagar to Fatehpur 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 proceeding under Section 13 of the Hindu Marriage Act initiated by opposite party/husband is pending at Family Court, Kanpur Nagar.

9. In order to appreciate the controversy, perusal of paragraph nos.11 to 17 of the affidavit filed in support of the instant transfer application will be relevant which are as under:- "11. That in the meantime opposite party in order to creates pressure upon the applicant filed Case No. 2828/2021, Under Section 13 of the Hindu Marriage Act for divorce before the court of Principal Judge, Family Court, Kanpur Nagar. Certified copy of the Plaint dated 11.11.2021 of the aforesaid case is being filed herewith and marked as Annexure No. 4 to this affidavit.

12. That the opposite party intentionally and deliberately filed the said case at Kanpur Nagar in order to harass the applicant when she visited Kanpur Nagar to attained the dates of the case.

13. That the opposite party and his family members used to beat applicant and it is every possibility that they will do any harm to the applicant when she went to Kanpur Nagar to attend the proceeding of the said case.

14. That the applicant is also suffering with the grave financial crisis as she is living in her parental house and she has no income to fulfill her daily need.

15. That the opposite party is also not paying single paisa to the applicant for her look after and maintenance.

16. That it is impossible for the applicant to attend the proceeding of the case at Kanpur Nagar because nobody in her family is available to accompany her to Kanpur Nagar and bear the expenses of the applicant during her visit to Kanpur Nagar.

17. That the applicant has no shelter in the Kanpur Nagar for her stay and in absence of any income she is also not in the position to stay in the hotel and it is also unsafe for a lady to stay alone in a hotel."

10. Perusal of paragraphs Nos.11 to 17 of the affidavit filed in support of the instant application as quoted above demonstrate that prayer regarding transfer of the proceeding from Kanpur Nagar to Fatehpur at the instance of applicant/wife is genuine couple with the fact that opposite party/husband has no objection to the prayer of transfer made by the applicant.

11. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Case No.2828/2021, under Section 13 of the Hindu Marriage Act, pending in the court of Principal Judge, Family Court, Kanpur Nagar is transferred to Family Court, Fatehpur. The Family Court, Kanpur Nagar is directed to transmit the record of the case to the Family Court at Fatehpur forthwith. The Family Court, Fatehpur 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 CHANDRA PRAKASH CHANDRA PRAKASH High Court of Judicature at Allahabad High Court of Judicature at Allahabad

Applicant :- Smt. Sandhya Gupta Opposite Party :- Namit Gupta Son Of Arun Kumar Gupta Counsel for Applicant :- Sharad Kumar Srivastava Counsel for Opposite Party :- Chandra Shekhar Agnihotri Hon'ble Chandra Kumar Rai,J.

1. Heard Mr. Sharad Kumar Srivastava, learned counsel for the applicant-wife and Mr. Chandra Shekhar Agnihotri, learned counsel for the opposite party-husband.

2. Brief facts of the case are that applicant is a wife and opposite is a husband.Proceeding under section-13 of Hindu Marriage Act initiated at the instance of opposite party/husband is pending in Family Court Kanpur Nagar.

3. The instant transfer application has been filed with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to transfer the Case No. 2828/2021, Under Section 13 of Hindu Marriage Act, pending before the court of Principal Judge, Family Court, District Kanpur Nagar to the court of Principal Judge, Family Court, District Fatehpur. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of Case No. 2828/2021, Under Section 13 of Hindu Marriage Act, pending before the court of Principal Judge, Family Court, Kanpur Nagar during the pendency of this application before this Hon'ble Court, and/or be please to pass such other and further order which this Hon'ble Court may deem fit and proper, under the facts and circumstances of the case."

4. This Court entertained the matter on 11.11.2022 and stayed the further proceeding of the case. The order dated 11.11.2022 is quoted as under: "Heard learned counsel for the applicant. This is a Transfer Application made on behalf of the wife seeking transfer of Case No. 2828 of 2021, Namit Gupta Vs. Smt. Sandhya Gupta, under Section 13 of the Hindu Marriage Act, from the Principal Judge, Family Court, Kanpur Nagar to the Family Court, at Fatehpur. It is stated by the learned Counsel for the applicant that there are three cases pending inter partes at Fatehpur, details whereof are mentioned in paragraph Nos. 8, 9 and 10 of the affidavit and, therefore, if the present proceedings are moved there, it would be convenient to both parties as they can request a single date. It is also argued that the applicant is a housewife and has no source of income of her own. There is also a serious threat perception to her life, if she is forced to attend at Kanpur Nagar. It is also urged that convenience of the wife about the venue in a matrimonial cause has to be accorded priority. Admit. Issue notice. Notice is made returnable on 12.12.2022. Steps be taken both ways within a week. List for orders on 12.12.2022 along with a report regarding service and the postal track attached. Until further orders, the proceedings of Case No. 2828 of 2021, Namit Gupta Vs. Smt. Sandhya Gupta, under Section 13 of the Hindu Marriage Act, pending in the Court of Principal Judge, Family Court, Kanpur Nagar shall remain stayed."

5. 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 Family Court, Kanpur Nagar to the competent court at Fatehpur. He further placed paragraph Nos.11 to 17 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 Kanpur Nagar to Fatehpur.

6. Mr. Chandra Shekhar Agnihotri, 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 Kanpur Nagar to Fatehpur 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 proceeding under Section 13 of the Hindu Marriage Act initiated by opposite party/husband is pending at Family Court, Kanpur Nagar.

9. In order to appreciate the controversy, perusal of paragraph nos.11 to 17 of the affidavit filed in support of the instant transfer application will be relevant which are as under:- "11. That in the meantime opposite party in order to creates pressure upon the applicant filed Case No. 2828/2021, Under Section 13 of the Hindu Marriage Act for divorce before the court of Principal Judge, Family Court, Kanpur Nagar. Certified copy of the Plaint dated 11.11.2021 of the aforesaid case is being filed herewith and marked as Annexure No. 4 to this affidavit.

12. That the opposite party intentionally and deliberately filed the said case at Kanpur Nagar in order to harass the applicant when she visited Kanpur Nagar to attained the dates of the case.

13. That the opposite party and his family members used to beat applicant and it is every possibility that they will do any harm to the applicant when she went to Kanpur Nagar to attend the proceeding of the said case.

14. That the applicant is also suffering with the grave financial crisis as she is living in her parental house and she has no income to fulfill her daily need.

15. That the opposite party is also not paying single paisa to the applicant for her look after and maintenance.

16. That it is impossible for the applicant to attend the proceeding of the case at Kanpur Nagar because nobody in her family is available to accompany her to Kanpur Nagar and bear the expenses of the applicant during her visit to Kanpur Nagar.

17. That the applicant has no shelter in the Kanpur Nagar for her stay and in absence of any income she is also not in the position to stay in the hotel and it is also unsafe for a lady to stay alone in a hotel."

10. Perusal of paragraphs Nos.11 to 17 of the affidavit filed in support of the instant application as quoted above demonstrate that prayer regarding transfer of the proceeding from Kanpur Nagar to Fatehpur at the instance of applicant/wife is genuine couple with the fact that opposite party/husband has no objection to the prayer of transfer made by the applicant.

11. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Case No.2828/2021, under Section 13 of the Hindu Marriage Act, pending in the court of Principal Judge, Family Court, Kanpur Nagar is transferred to Family Court, Fatehpur. The Family Court, Kanpur Nagar is directed to transmit the record of the case to the Family Court at Fatehpur forthwith. The Family Court, Fatehpur 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 CHANDRA PRAKASH CHANDRA PRAKASH High Court of Judicature at Allahabad High Court of Judicature at Allahabad