Pawan Kumar Singh Chauhan v. Smt. Kumari Manisha

Applicant :- Smt. Kumari Manisha @ Manisha Rajawat Opposite Party :- Pawan Kumar Singh Chauhan Counsel for Applicant :- Puneet Bhadauria Counsel for Opposite Party :- Anurag Shukla Hon'ble Chandra Kumar Rai,J.

1. Heard Mr. Puneet Bhadauria, learned counsel for the applicant-wife and Mr. Anurag Shukla, 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 the Family Court, Agra. Hence, the instant transfer application for the following relief:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this Transfer Application and transfer the HMA Case No. 1095 of 2023 (Pawan Kumar Singh Chauhan Versus Smt. Kumari Manisha @Manisha Rajawat) under section 13 of Hindu Marriage Act, 1955 pending in the court of Principal Judge/ Family Court, Agra to the Principal Judge/Family Court Rampur. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding in HMA Case No. 1095 of 2023 (Pawan Kumar Singh Chauhan Versus Smt. Kumari Manisha @ Manisha Rajawat) under section 13 of Hindu Marriage Act, 1955 pending in the court of Principal Judge/ Family Court, Agra, during the pendency of the present Transfer Application before this Hon'ble Court, otherwise the applicant shall suffer an irreparable loss and injury."

3. This Court entertained the matter on 30.10.2023 and stayed the further proceeding of the case. The order dated 30.10.2023 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 Case No.1095 of 2023 (Pawan Kumar Singh Chauhan Vs. Smt. Kumari Manisha @ Manisha Rajawat), under Section 13 of Hindu Marriage Act pending in the court of Principal Judge, Family Court, Agra to court of Principal Judge, Family Court, Rampur.

3. It is submitted by the learned counsel for the applicant that applicant is Assistant Sub-Inspector in C.R.P.F. and at present she is posted at Rampur and is living there alongwith her minor son, whereas opposite party has instituted the divorce petition at Agra. It is submitted that the distance between Rampur to Agra is about 265 kilometres and it is very difficult for the applicant to travel a distance of about 265 kilometres alongwith her minor son to contest the case instituted by opposite party at Agra on each and every date fixed in the matter. Thus, the submission is that if the case is allowed to be proceeded at Agra, 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 02.01.2024.

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.1095 of 2023 (Pawan Kumar Singh Chauhan Vs. Smt. Kumari Manisha @ Manisha Rajawat), under Section 13 of Hindu Marriage Act pending in the court of Principal Judge, Family Court, Agra 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 Agra to the competent court at Rampur. He further placed paragraph Nos.10 to 14 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 Agra to Rampur.

5. 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 Agra to Rampur so that the pending proceeding can be decided expeditiously.

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

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, Agra.

8. In order to appreciate the controversy, perusal of paragraph nos.10 to 14 of the affidavit filed in support of the instant transfer application will be relevant which are as under:- "10. That in fact the fact is well knowledge of opposite party that applicant as residing at District Rampur along with his minor son even though he has filed the divorce petition at District Agra with an intention to decide it an ex-parte manner.

11. That undisputable, applicant is posted as A.S.I. at District Rampur in C.R.P.F. where, normally leave is not being granted in usual circumstances as such it is very hard to applicant to attend the court proceeding regularly and defend her effectively.

12. That applicant is residing along with her minor child who is getting education in play group at District Rampur as such attending the court proceeding regularly would cause irreparable loss towards applicant.

13. That it is also relevant to mention here that applicant did not initiate any legal proceeding against the opposite party till date.

14. That distance in between District Agra to District Rampur is about 265 Kilometers and there is no direct convenience and being a lady and under government job, it would be more difficult to the applicant to the attend the court regularly on each and every date so fixed in the matter to defend effectively.''

9. Perusal of paragraphs Nos.10 to 14 of the affidavit filed in support of the instant application as quoted above demonstrate that prayer regarding transfer of the proceeding from Agra to Rampur 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.

10. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Case No.1095/2023 (Pawan Kumar Singh Chauhan vs. Smt. Kumari Manisha @ Manisha Rajawat), under Section 13 of the Hindu Marriage Act, pending in the court of Principal Judge, Family court, Agra is transferred to Rampur. The Family Court, Agra is directed to transmit the record of the case to the Family Court at Rampur forthwith. The Family Court, Rampur is directed to conclude the aforementioned matrimonial proceeding to its logical conclusion as expeditiously as possible, after affording opportunity of hearing to both the parties, in accordance with law. Order Date :- 20.8.2025 C.Prakash CHANDRA PRAKASH CHANDRA PRAKASH CHANDRA PRAKASH High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad

Applicant :- Smt. Kumari Manisha @ Manisha Rajawat Opposite Party :- Pawan Kumar Singh Chauhan Counsel for Applicant :- Puneet Bhadauria Counsel for Opposite Party :- Anurag Shukla Hon'ble Chandra Kumar Rai,J.

1. Heard Mr. Puneet Bhadauria, learned counsel for the applicant-wife and Mr. Anurag Shukla, 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 the Family Court, Agra. Hence, the instant transfer application for the following relief:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this Transfer Application and transfer the HMA Case No. 1095 of 2023 (Pawan Kumar Singh Chauhan Versus Smt. Kumari Manisha @Manisha Rajawat) under section 13 of Hindu Marriage Act, 1955 pending in the court of Principal Judge/ Family Court, Agra to the Principal Judge/Family Court Rampur. It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding in HMA Case No. 1095 of 2023 (Pawan Kumar Singh Chauhan Versus Smt. Kumari Manisha @ Manisha Rajawat) under section 13 of Hindu Marriage Act, 1955 pending in the court of Principal Judge/ Family Court, Agra, during the pendency of the present Transfer Application before this Hon'ble Court, otherwise the applicant shall suffer an irreparable loss and injury."

3. This Court entertained the matter on 30.10.2023 and stayed the further proceeding of the case. The order dated 30.10.2023 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 Case No.1095 of 2023 (Pawan Kumar Singh Chauhan Vs. Smt. Kumari Manisha @ Manisha Rajawat), under Section 13 of Hindu Marriage Act pending in the court of Principal Judge, Family Court, Agra to court of Principal Judge, Family Court, Rampur.

3. It is submitted by the learned counsel for the applicant that applicant is Assistant Sub-Inspector in C.R.P.F. and at present she is posted at Rampur and is living there alongwith her minor son, whereas opposite party has instituted the divorce petition at Agra. It is submitted that the distance between Rampur to Agra is about 265 kilometres and it is very difficult for the applicant to travel a distance of about 265 kilometres alongwith her minor son to contest the case instituted by opposite party at Agra on each and every date fixed in the matter. Thus, the submission is that if the case is allowed to be proceeded at Agra, 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 02.01.2024.

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.1095 of 2023 (Pawan Kumar Singh Chauhan Vs. Smt. Kumari Manisha @ Manisha Rajawat), under Section 13 of Hindu Marriage Act pending in the court of Principal Judge, Family Court, Agra 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 Agra to the competent court at Rampur. He further placed paragraph Nos.10 to 14 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 Agra to Rampur.

5. 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 Agra to Rampur so that the pending proceeding can be decided expeditiously.

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

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, Agra.

8. In order to appreciate the controversy, perusal of paragraph nos.10 to 14 of the affidavit filed in support of the instant transfer application will be relevant which are as under:- "10. That in fact the fact is well knowledge of opposite party that applicant as residing at District Rampur along with his minor son even though he has filed the divorce petition at District Agra with an intention to decide it an ex-parte manner.

11. That undisputable, applicant is posted as A.S.I. at District Rampur in C.R.P.F. where, normally leave is not being granted in usual circumstances as such it is very hard to applicant to attend the court proceeding regularly and defend her effectively.

12. That applicant is residing along with her minor child who is getting education in play group at District Rampur as such attending the court proceeding regularly would cause irreparable loss towards applicant.

13. That it is also relevant to mention here that applicant did not initiate any legal proceeding against the opposite party till date.

14. That distance in between District Agra to District Rampur is about 265 Kilometers and there is no direct convenience and being a lady and under government job, it would be more difficult to the applicant to the attend the court regularly on each and every date so fixed in the matter to defend effectively.''

9. Perusal of paragraphs Nos.10 to 14 of the affidavit filed in support of the instant application as quoted above demonstrate that prayer regarding transfer of the proceeding from Agra to Rampur 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.

10. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Case No.1095/2023 (Pawan Kumar Singh Chauhan vs. Smt. Kumari Manisha @ Manisha Rajawat), under Section 13 of the Hindu Marriage Act, pending in the court of Principal Judge, Family court, Agra is transferred to Rampur. The Family Court, Agra is directed to transmit the record of the case to the Family Court at Rampur forthwith. The Family Court, Rampur is directed to conclude the aforementioned matrimonial proceeding to its logical conclusion as expeditiously as possible, after affording opportunity of hearing to both the parties, in accordance with law. Order Date :- 20.8.2025 C.Prakash CHANDRA PRAKASH CHANDRA PRAKASH CHANDRA PRAKASH High Court of Judicature at Allahabad High Court of Judicature at Allahabad High Court of Judicature at Allahabad