Jai Verdhan Chauhan v. Smt. Hemlata), under Section

1. Heard learned counsel for the applicant and Mr. Sunil Rai, learned counsel for the opposite party.

2. Brief facts of the case is that the applicant is wife and opposite party is husband. Proceeding under Section 13 of Hindu Marriage Act has been initiated at the instance of opposite party/ husband in the Family Court, Ghaziabad.

3. The instant transfer application has been filed with the prayer to transfer the Divorce Petitoin No.2338 of 2022 (Jai Verdhan Chauhan vs. Smt. Hemlata), under Section 13 of Hindu Marriage Act from the Court of Principle Judge, Family Court, Ghaziabad to Family Court, Meerut.

4. This Court entertained the matter on 2.5.2024 and stayed the further proceeding of the Divorce Petitoin No.2338 of 2022 (Jai Verdhan Chauhan vs. Smt. Hemlata), under Section 13 of Hindu Marriage Act. The order dated 2.5.2024 is quoted as under: "Heard Sri Dinkar Lal, learned counsel for the applicant and perused the record. This transfer application has been filed by the applicant seeking transfer of Divorce Petition No.2338 of 2022 (Jai Verdhan Chauhan Vs. Smt. Hemlata) filed under Section 13 of Hindu Marriage Act from the court of Principal Judge, Family Court, Ghaziabad to the court of Principal Judge, Family Court, Meerut. It is submitted by learned counsel for the applicant that it is a matrimonial dispute between the parties. The applicant wife is presently residing in district Meerut. The divorce petition has been filed by respondent on altogether incorrect facts in the court of Principal Judge, Family Court, Ghaziabad only to harass the applicant. The district Ghaziabad is much away from the District Meerut. Lastly it is submitted that the applicant being deserted wife of respondent having no source of income is facing great hardship to attend the court proceedings before the Principal Judge, Family Court, Ghaziabad. Matter requires consideration. Issue notice to respondent. Steps be taken within a week by registered post. List after two months. Until further order, the further proceedings of Divorce Petition No.2338 of 2022 (Jai Verdhan Chauhan Vs. Smt. Hemlata) filed under Section 13 of Hindu Marriage Act pending in the court of Principal Judge, Family Court, Ghaziabad, shall remain stayed."

5. In pursuance of the order of this Court dated 2.5.2024, parties have exchanged their pleadings.

6. Learned counsel for the applicant submitted that in view of the averment made in paragraph nos.23, 24, 25, 26 & 27 of the affidavit filed in support of the instant transfer application the proceeding of divorce petition initiated by opposite party/ husband should be transferred from the Court of Principle Judge, Family Court, Ghaziabad to Family Court, Meerut.

7. Learned counsel for the opposite party submitted that the opposite party/ husband has no objection to the prayer made by the applicant to transfer the proceeding of divorce petition from District-Ghaziabad to District- Meerut.

8. I have considered the argument advanced by leaned counsel for the parties and perused the records.

9. There is no dispute about the fact that the proceeding under Section 13 of Hindu Marriage Act is pending before Family Court, Ghaziabad.

10. In order to appreciate the controversy involved in the matter, perusal of paragraph nos.23, 24, 25, 26 & 27 of the affidavit filed in support of the instant transfer application will be relevant which are as under: "23. That it is further pertinent to mention here that the son of the applicant namely Pratham Chauhan aged about 10 years is residing with the applicant and is studying at D.A.V. Centenary Public School, Meerut, where the applicant is also teaching and whenever there is a date for the matter filed u/s 13 of the Hindu Marriage Act, 1955 the applicant has to somehow manage the pick up and drop of her son from the school as both the mother and father of the applicant are aged persons suffering from old age ailments and diseases, therefore, it is almost impossible for the applicant to leave her son and travel long distances to attend the dates fixed in the matter at Ghaziabad. 24. That it is pertinent to mention here that the father of the applicant namely Sawai Singh aged about 82 years is suffering from heart disease in the form of Atrioventricular Block (AV Block) which is basically slow heart rate which occurs due to a malfunction with the heart's electrical system. The aforesaid disease is a life-threatening disease treatment of which is being conducted at Metro Hospital and Heart Institute, Meerut, further the father of the applicant is also suffering from Wet Macular Degeneration Disorder in his left eye that causes a blurred vision or a blind spot in the central vision which is caused by the leakage of fluid from blood vessels into the retina and is an incurable disorder. True copy of medical reports of the father of applicant namely Sawai Singh is being filed here with and marked as Annexure no.4 to this affidavit.

25. That given the medical condition of the father of the applicant he needs continuous looking after as such the mother of the applicant namely Smt. Pushplata Rani aged about 79 years takes care of the father of the applicant and cannot accompany the applicant at every date to the Family Court, Ghaziabad nor can she leave the father of the applicant to pick and drop the son the applicant to school on the dates fixed at the Family Court, Ghaziabad.

26. That the applicant is the sole bread earned in her family as her father is a retired Army officer and her mother is a house wife and the son of the applicant is also staying with the applicant since his birth, as such to make the ends meet the applicant has been working as a teacher at D.A.V. Centenary Public School, Meerut.

27. That since the opp. party travels all the way from Mumbai for the hearing of the case instituted u/s 13 of Hindu Marriage Act, 1955 at Ghaziabad as such it won't cause any inconvenience for the opp. party to travel to Meerut which is around 53 kilometers from Ghaziabad, as such it would be appropriate and in the interest of justice that the Divorce Petition no.2338/2022 u/s 13 of Hindu Marriage Act, 1955 filed before the Principal Judge, Family Court, Ghaziabad be transferred to the Court of competent jurisdiction at Meerut, while considering the difficulty of the applicant of leaving her old and ailing parents and 10 year old son to travel from Meerut to Ghaziabad on every date fixed."

11. The perusal of the paragraph nos.23, 24, 25, 26 & 27 of the affidavit as quoted above demonstrate that prayer of the applicant for transfer of divorce proceeding from District- Ghaziabad to District-Meerut is genuine.

12. It is also material to mention that opposite party/ husband has no objection to the prayer of applicant/ wife to transfer the divorce petition from Ghaziabad to Meerut.

13. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Divorce Petitoin No.2338 of 2022 (Jai Verdhan Chauhan vs. Smt. Hemlata), under Section 13 of Hindu Marriage Act pending in the Court of Principle Judge, Family Court, Ghaziabad is transferred to Family Court, Meerut. The Family Court, Ghaziabad is directed to transmit the record of the case to Family Court, Meerut forthwith. The family Court, Meerut is directed to decide the aforementioned proceeding of the Divorce Petition No.2338 of 2022 (Jai Verdhan Chauhan vs. Smt. Hemlata), under Section 13 of Hindu Marriage Act in accordance with law after affording proper opportunity of hearing to the parties, expeditiously preferably within a period of six months from the date of production of certified copy of this order before him. Order Date :- 13.8.2025 Rameez RAMEEZ AHMED High Court of Judicature at Allahabad

1. Heard learned counsel for the applicant and Mr. Sunil Rai, learned counsel for the opposite party.

2. Brief facts of the case is that the applicant is wife and opposite party is husband. Proceeding under Section 13 of Hindu Marriage Act has been initiated at the instance of opposite party/ husband in the Family Court, Ghaziabad.

3. The instant transfer application has been filed with the prayer to transfer the Divorce Petitoin No.2338 of 2022 (Jai Verdhan Chauhan vs. Smt. Hemlata), under Section 13 of Hindu Marriage Act from the Court of Principle Judge, Family Court, Ghaziabad to Family Court, Meerut.

4. This Court entertained the matter on 2.5.2024 and stayed the further proceeding of the Divorce Petitoin No.2338 of 2022 (Jai Verdhan Chauhan vs. Smt. Hemlata), under Section 13 of Hindu Marriage Act. The order dated 2.5.2024 is quoted as under: "Heard Sri Dinkar Lal, learned counsel for the applicant and perused the record. This transfer application has been filed by the applicant seeking transfer of Divorce Petition No.2338 of 2022 (Jai Verdhan Chauhan Vs. Smt. Hemlata) filed under Section 13 of Hindu Marriage Act from the court of Principal Judge, Family Court, Ghaziabad to the court of Principal Judge, Family Court, Meerut. It is submitted by learned counsel for the applicant that it is a matrimonial dispute between the parties. The applicant wife is presently residing in district Meerut. The divorce petition has been filed by respondent on altogether incorrect facts in the court of Principal Judge, Family Court, Ghaziabad only to harass the applicant. The district Ghaziabad is much away from the District Meerut. Lastly it is submitted that the applicant being deserted wife of respondent having no source of income is facing great hardship to attend the court proceedings before the Principal Judge, Family Court, Ghaziabad. Matter requires consideration. Issue notice to respondent. Steps be taken within a week by registered post. List after two months. Until further order, the further proceedings of Divorce Petition No.2338 of 2022 (Jai Verdhan Chauhan Vs. Smt. Hemlata) filed under Section 13 of Hindu Marriage Act pending in the court of Principal Judge, Family Court, Ghaziabad, shall remain stayed."

5. In pursuance of the order of this Court dated 2.5.2024, parties have exchanged their pleadings.

6. Learned counsel for the applicant submitted that in view of the averment made in paragraph nos.23, 24, 25, 26 & 27 of the affidavit filed in support of the instant transfer application the proceeding of divorce petition initiated by opposite party/ husband should be transferred from the Court of Principle Judge, Family Court, Ghaziabad to Family Court, Meerut.

7. Learned counsel for the opposite party submitted that the opposite party/ husband has no objection to the prayer made by the applicant to transfer the proceeding of divorce petition from District-Ghaziabad to District- Meerut.

8. I have considered the argument advanced by leaned counsel for the parties and perused the records.

9. There is no dispute about the fact that the proceeding under Section 13 of Hindu Marriage Act is pending before Family Court, Ghaziabad.

10. In order to appreciate the controversy involved in the matter, perusal of paragraph nos.23, 24, 25, 26 & 27 of the affidavit filed in support of the instant transfer application will be relevant which are as under: "23. That it is further pertinent to mention here that the son of the applicant namely Pratham Chauhan aged about 10 years is residing with the applicant and is studying at D.A.V. Centenary Public School, Meerut, where the applicant is also teaching and whenever there is a date for the matter filed u/s 13 of the Hindu Marriage Act, 1955 the applicant has to somehow manage the pick up and drop of her son from the school as both the mother and father of the applicant are aged persons suffering from old age ailments and diseases, therefore, it is almost impossible for the applicant to leave her son and travel long distances to attend the dates fixed in the matter at Ghaziabad. 24. That it is pertinent to mention here that the father of the applicant namely Sawai Singh aged about 82 years is suffering from heart disease in the form of Atrioventricular Block (AV Block) which is basically slow heart rate which occurs due to a malfunction with the heart's electrical system. The aforesaid disease is a life-threatening disease treatment of which is being conducted at Metro Hospital and Heart Institute, Meerut, further the father of the applicant is also suffering from Wet Macular Degeneration Disorder in his left eye that causes a blurred vision or a blind spot in the central vision which is caused by the leakage of fluid from blood vessels into the retina and is an incurable disorder. True copy of medical reports of the father of applicant namely Sawai Singh is being filed here with and marked as Annexure no.4 to this affidavit.

25. That given the medical condition of the father of the applicant he needs continuous looking after as such the mother of the applicant namely Smt. Pushplata Rani aged about 79 years takes care of the father of the applicant and cannot accompany the applicant at every date to the Family Court, Ghaziabad nor can she leave the father of the applicant to pick and drop the son the applicant to school on the dates fixed at the Family Court, Ghaziabad.

26. That the applicant is the sole bread earned in her family as her father is a retired Army officer and her mother is a house wife and the son of the applicant is also staying with the applicant since his birth, as such to make the ends meet the applicant has been working as a teacher at D.A.V. Centenary Public School, Meerut.

27. That since the opp. party travels all the way from Mumbai for the hearing of the case instituted u/s 13 of Hindu Marriage Act, 1955 at Ghaziabad as such it won't cause any inconvenience for the opp. party to travel to Meerut which is around 53 kilometers from Ghaziabad, as such it would be appropriate and in the interest of justice that the Divorce Petition no.2338/2022 u/s 13 of Hindu Marriage Act, 1955 filed before the Principal Judge, Family Court, Ghaziabad be transferred to the Court of competent jurisdiction at Meerut, while considering the difficulty of the applicant of leaving her old and ailing parents and 10 year old son to travel from Meerut to Ghaziabad on every date fixed."

11. The perusal of the paragraph nos.23, 24, 25, 26 & 27 of the affidavit as quoted above demonstrate that prayer of the applicant for transfer of divorce proceeding from District- Ghaziabad to District-Meerut is genuine.

12. It is also material to mention that opposite party/ husband has no objection to the prayer of applicant/ wife to transfer the divorce petition from Ghaziabad to Meerut.

13. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Divorce Petitoin No.2338 of 2022 (Jai Verdhan Chauhan vs. Smt. Hemlata), under Section 13 of Hindu Marriage Act pending in the Court of Principle Judge, Family Court, Ghaziabad is transferred to Family Court, Meerut. The Family Court, Ghaziabad is directed to transmit the record of the case to Family Court, Meerut forthwith. The family Court, Meerut is directed to decide the aforementioned proceeding of the Divorce Petition No.2338 of 2022 (Jai Verdhan Chauhan vs. Smt. Hemlata), under Section 13 of Hindu Marriage Act in accordance with law after affording proper opportunity of hearing to the parties, expeditiously preferably within a period of six months from the date of production of certified copy of this order before him. Order Date :- 13.8.2025 Rameez RAMEEZ AHMED High Court of Judicature at Allahabad