High Court · 2025

Applicant :- Smt. Rashmi Srivastava Opposite Party :- Robin Counsel for Applicant :- Ram Ashish Pandey Counsel for Opposite Party :- Rajesh Kumar Sharma,Shobh Nath Hon'ble Chandra Kumar Rai,J.

1. Heard Sri Ram Ashish Pandey, learned counsel for the petitioner/wife and Sri Shobh Nath, learned counsel for opposite party/husband.

2. Brief facts of the case are that applicant is wife and opposite party is husband. Proceeding under Section 9 of the Hindu Marriage Act, 1955 initiated at the instance of opposite party/husband is pending in the Family Court, Aligarh.

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 transfer the original case no. 595 of 2019 (Robin Vs. Smt. Rashmi), which is pending in the Court of District Aligarh to District Etawah and further be pleased to stay the further proceeding of case of original case no. 595 of 2019 (Robin Vs. Smt. Rashmi), pending in the Court of Aligarh Family Court and further direction as this Hon'ble Court may deem fit and proper in the circumstances of the case."

4. This Court entertained the matter on 19.10.2023 and stayed the further proceeding of Case No. 595 of 2019 under Section 9 of the Hindu Marriage Act. The interim order dated 19.10.2023 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 original Case No.1169 of 2020 (Robin Vs. Smt. Rashmi Srivastava) pending in the court of Principal Judge, Family Court, Aligarh to the competent court at Etawah.

3. It is submitted by learned counsel for the applicant that the applicant has one child and has no source of income. It is further submitted that it will be difficult for the applicant to travel to contest the aforesaid case from Etawah to Aligarh which is more than 180 Kms. It is further submitted that the applicant being alone is unable to pursue the case, on each and every date fixed, pending before Family Court, Aligarh. Therefore, in the interest of justice, the case may be transferred to the Principal Judge, Family Court, Etawah. It is also submitted that balance of convenience also lays in favour of the applicant, and if the case is allowed to be proceeded at Aligarh, she 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.

7. Opposite party is granted four weeks' time to file counter affidavit. Four weeks, thereafter, is allowed to the applicant to file rejoinder affidavit, if any.

8. List on 14.12.2023.

9.Until further orders of this Court, further proceeding of original Case No.1169 of 2020 (Robin Vs. Smt. Rashmi Srivastava)pending in the court of Principal Judge, Family Court, Aligarh shall remain stayed.

10. If 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."

5. In compliance of the order of this Court dated 19.10.2023 counter affidavit has been filed on behalf of the opposite party/husband stating that applicant is practicing advocate at District Etawah .

6. Learned counsel for the applicant submitted that cases between the parties are pending in Etawah, as such proceeding of case under Section 9 of the Hindu Marriage Act initiated at the instance of opposite party/husband in Family Court at Aligarh should be transferred to Etawah. He further placed the averments made in paragraph nos. 9, 10, 11, 12, 13 & 14 of the affidavit filed in support of the instant transfer application.

7. On the other hand, learned counsel for the opposite party submitted that no ground for transfer is made out, in view of the averments made in paragraph no. 5 to the counter affidavit. He further submitted that applicant/wife is practicing advocate of District Court at Etawah, as such the prayer for transfer of the proceeding in view of the averments made in the counter affidavit should not be allowed. He submitted that transfer application should be rejected.

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

9. There is no dispute about the fact that proceeding under Section 9 of the Hindu Marriage Act initiated at the instance of opposite party/husband is pending in the Family Court at Aligarh.

10. In order to appreciate the controversy involved in the matter, perusal of paragraph nos. 9 to 14 of the affidavit filed in support of the instant transfer application will be relevant which are quoted as under. "9. That thereafter, the applicant has want to bring before Hon'ble Court that she is not capable to attend the Court of Aligarh for purpose of pairvi in her other cases, which has runs by opposite party under Section 9 of the Hindu Marriage Act against her.

10. That in the present time the applicant is very sad for her husband, because he love to another girl namely Kanchan in present she resides in (Dubai). Therefore, her husband (opposite party) does not mean to him and also her son namely Bhavik @ Vaidik and his study work is disturb also due to ground of applicant and opposite party.

11. That the applicant has humbly stated before this Hon'ble Court, when she goes for attend the Court then her entire in-laws along with her husband harassed and tortured to him. Therefore, she want that transfer the present case from Aligarh to District Etawah and which entire facts have shown her entire version in her case.

12. That the disputes has become serious day to day and in-laws have torturing the applicant in kind of manner, they have the applicant hungry and beating her. So the applicant is living with her mother since runs the disputes between the parties. 13 That in Aligarh the applicant is not secure because the opposite party is habitual of disputes and notorious person.

14. That the applicant's mother is very old age and father has been died and no source of income for runs the life and education of his child."

11. Perusal of paragraph nos. 5 and 8 of the counter affidavit will be also relevant which are as under:-

5. That the contents of para 4 of the affidavit being false and fabricated are denied. The true fact is that the applicnat is very well competent to pursue her case at District Courts of Aligarh or in neighboring Districts thereof. She is a practicing Lawyer in the District Court Etawah, as such she has filed several cases at Etawah i.e. for maintenance, Domestic violence as well as under the dowry laws against the Deponent on the basis of concocted fact, just to harass and humiliate the Deponent and his parents. She has threatened to Opp. Party/Deponent several times that when he will come to pursue the aforesaid cases at Etawah, he would be beaten brutally by her brother and her associate lawyers and he would also be implicate in false cases. The photo copy of certificate of practice issued by Bar Council of India as well as photograph of the Chamber/seat of the applicant at District Court Etawah along with her Senior and associates are being attached herewith collectively as Annexure No. CA-1 to this affidavit.

8. That in reply to the contents of para 8 of the affidavit it is submitted that when the Opp. Party went Etawah to pursue the cases mentioned in para under reply, he was surrounded and beaten by some musclemen arranged by the applicant and danger to his life arose. HE could any how escaped and came back his home with the help of Public. The cell phone of the Deponent was also broken due to which he could not dial 100 or 112 for his help. Further endanger to life of opposite party is apprehended if he goes at District Court Etawah."

12. In view of the averments made in the affidavit and counter affidavit as quoted above, it will be appropriate to transfer the proceeding under Section 9 of the Hindu Marriage Act from Family Court Aligarh to Family Court at Auraiya in place of Family Court Etawah.

13. Considering the entire facts and circumstances of the case, the instant transfer application is allowed in part. The proceeding of Case No. 595 of 2019 under Section 9 of the Hindu Marriage Act pending in the Court of Principal Judge Family Court, Aligarh is transferred to the Family Court at Auraiya. Family Court, Aligarh is directed to transmit the record of Case No. 595 of 2019 forthwith to the Family Court, Auraiya. Family Court, Auraiya is directed to decide the proceeding of Case No. 595 of 2019 under Section 9 of the Hindu Marriage Act, after affording proper opportunity of hearing to the parties expeditiously. Order Date :- 14.8.2025 Neetu NEETU SINGH High Court of Judicature at Allahabad

Applicant :- Smt. Rashmi Srivastava Opposite Party :- Robin Counsel for Applicant :- Ram Ashish Pandey Counsel for Opposite Party :- Rajesh Kumar Sharma,Shobh Nath Hon'ble Chandra Kumar Rai,J.

1. Heard Sri Ram Ashish Pandey, learned counsel for the petitioner/wife and Sri Shobh Nath, learned counsel for opposite party/husband.

2. Brief facts of the case are that applicant is wife and opposite party is husband. Proceeding under Section 9 of the Hindu Marriage Act, 1955 initiated at the instance of opposite party/husband is pending in the Family Court, Aligarh.

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 transfer the original case no. 595 of 2019 (Robin Vs. Smt. Rashmi), which is pending in the Court of District Aligarh to District Etawah and further be pleased to stay the further proceeding of case of original case no. 595 of 2019 (Robin Vs. Smt. Rashmi), pending in the Court of Aligarh Family Court and further direction as this Hon'ble Court may deem fit and proper in the circumstances of the case."

4. This Court entertained the matter on 19.10.2023 and stayed the further proceeding of Case No. 595 of 2019 under Section 9 of the Hindu Marriage Act. The interim order dated 19.10.2023 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 original Case No.1169 of 2020 (Robin Vs. Smt. Rashmi Srivastava) pending in the court of Principal Judge, Family Court, Aligarh to the competent court at Etawah.

3. It is submitted by learned counsel for the applicant that the applicant has one child and has no source of income. It is further submitted that it will be difficult for the applicant to travel to contest the aforesaid case from Etawah to Aligarh which is more than 180 Kms. It is further submitted that the applicant being alone is unable to pursue the case, on each and every date fixed, pending before Family Court, Aligarh. Therefore, in the interest of justice, the case may be transferred to the Principal Judge, Family Court, Etawah. It is also submitted that balance of convenience also lays in favour of the applicant, and if the case is allowed to be proceeded at Aligarh, she 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.

7. Opposite party is granted four weeks' time to file counter affidavit. Four weeks, thereafter, is allowed to the applicant to file rejoinder affidavit, if any.

8. List on 14.12.2023.

9.Until further orders of this Court, further proceeding of original Case No.1169 of 2020 (Robin Vs. Smt. Rashmi Srivastava)pending in the court of Principal Judge, Family Court, Aligarh shall remain stayed.

10. If 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."

5. In compliance of the order of this Court dated 19.10.2023 counter affidavit has been filed on behalf of the opposite party/husband stating that applicant is practicing advocate at District Etawah .

6. Learned counsel for the applicant submitted that cases between the parties are pending in Etawah, as such proceeding of case under Section 9 of the Hindu Marriage Act initiated at the instance of opposite party/husband in Family Court at Aligarh should be transferred to Etawah. He further placed the averments made in paragraph nos. 9, 10, 11, 12, 13 & 14 of the affidavit filed in support of the instant transfer application.

7. On the other hand, learned counsel for the opposite party submitted that no ground for transfer is made out, in view of the averments made in paragraph no. 5 to the counter affidavit. He further submitted that applicant/wife is practicing advocate of District Court at Etawah, as such the prayer for transfer of the proceeding in view of the averments made in the counter affidavit should not be allowed. He submitted that transfer application should be rejected.

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

9. There is no dispute about the fact that proceeding under Section 9 of the Hindu Marriage Act initiated at the instance of opposite party/husband is pending in the Family Court at Aligarh.

10. In order to appreciate the controversy involved in the matter, perusal of paragraph nos. 9 to 14 of the affidavit filed in support of the instant transfer application will be relevant which are quoted as under. "9. That thereafter, the applicant has want to bring before Hon'ble Court that she is not capable to attend the Court of Aligarh for purpose of pairvi in her other cases, which has runs by opposite party under Section 9 of the Hindu Marriage Act against her.

10. That in the present time the applicant is very sad for her husband, because he love to another girl namely Kanchan in present she resides in (Dubai). Therefore, her husband (opposite party) does not mean to him and also her son namely Bhavik @ Vaidik and his study work is disturb also due to ground of applicant and opposite party.

11. That the applicant has humbly stated before this Hon'ble Court, when she goes for attend the Court then her entire in-laws along with her husband harassed and tortured to him. Therefore, she want that transfer the present case from Aligarh to District Etawah and which entire facts have shown her entire version in her case.

12. That the disputes has become serious day to day and in-laws have torturing the applicant in kind of manner, they have the applicant hungry and beating her. So the applicant is living with her mother since runs the disputes between the parties. 13 That in Aligarh the applicant is not secure because the opposite party is habitual of disputes and notorious person.

14. That the applicant's mother is very old age and father has been died and no source of income for runs the life and education of his child."

11. Perusal of paragraph nos. 5 and 8 of the counter affidavit will be also relevant which are as under:-

5. That the contents of para 4 of the affidavit being false and fabricated are denied. The true fact is that the applicnat is very well competent to pursue her case at District Courts of Aligarh or in neighboring Districts thereof. She is a practicing Lawyer in the District Court Etawah, as such she has filed several cases at Etawah i.e. for maintenance, Domestic violence as well as under the dowry laws against the Deponent on the basis of concocted fact, just to harass and humiliate the Deponent and his parents. She has threatened to Opp. Party/Deponent several times that when he will come to pursue the aforesaid cases at Etawah, he would be beaten brutally by her brother and her associate lawyers and he would also be implicate in false cases. The photo copy of certificate of practice issued by Bar Council of India as well as photograph of the Chamber/seat of the applicant at District Court Etawah along with her Senior and associates are being attached herewith collectively as Annexure No. CA-1 to this affidavit.

8. That in reply to the contents of para 8 of the affidavit it is submitted that when the Opp. Party went Etawah to pursue the cases mentioned in para under reply, he was surrounded and beaten by some musclemen arranged by the applicant and danger to his life arose. HE could any how escaped and came back his home with the help of Public. The cell phone of the Deponent was also broken due to which he could not dial 100 or 112 for his help. Further endanger to life of opposite party is apprehended if he goes at District Court Etawah."

12. In view of the averments made in the affidavit and counter affidavit as quoted above, it will be appropriate to transfer the proceeding under Section 9 of the Hindu Marriage Act from Family Court Aligarh to Family Court at Auraiya in place of Family Court Etawah.

13. Considering the entire facts and circumstances of the case, the instant transfer application is allowed in part. The proceeding of Case No. 595 of 2019 under Section 9 of the Hindu Marriage Act pending in the Court of Principal Judge Family Court, Aligarh is transferred to the Family Court at Auraiya. Family Court, Aligarh is directed to transmit the record of Case No. 595 of 2019 forthwith to the Family Court, Auraiya. Family Court, Auraiya is directed to decide the proceeding of Case No. 595 of 2019 under Section 9 of the Hindu Marriage Act, after affording proper opportunity of hearing to the parties expeditiously. Order Date :- 14.8.2025 Neetu NEETU SINGH High Court of Judicature at Allahabad