Hari Priya Dwivedi v. Vivek Dwivedi) under Section

"1. Heard learned counsel for the applicant.

2. The present application has been filed by the applicant-wife seeking transfer of Case No.296 of 2023 (Vivek Dwivedi Vs. Hari Priya), under Section 13 (1) of Hindu Marriage Act pending in the court of Principal Judge, Family Court, Gorakhpur to the competent court at District Varanasi.

3. It is submitted by learned counsel for the applicant that the applicant is residing with her father at Varanasi. It is further submitted that the father of the applicant is suffering from Diabetic Mellitus, CLL and is under treatment at Varanasi. It is further submitted that the distance from Varanasi to Gorakhpur is more than 200 kilometres. It is further submitted that it is difficult for the applicant to travel from Varanasi to Gorakhpur to contest the case instituted by opposite party at Gorakhpur on each and every date fixed in the matter. 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 Gorakhpur, 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 30.01.2024.

9. Until further orders of this Court, further proceeding of Case No.296 of 2023 (Vivek Dwivedi Vs. Hari Priya), under Section 13 (1) of Hindu Marriage Act pending in the court of Principal Judge, Family Court, Gorakhpur 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. Learned counsel for the applicant submitted that Matrimonial Case No. 296 of 2023 (Vivek Dwivedi Vs.Hari Priya) under Section 13 (1) of the Hindu Marriage Act, 1955 initiated by the opposite party-husband should be transferred from the Family Court, Gorakhpur to the competent court at Varanasi. He further placed reliance upon the averment made in paragraph Nos.15, 16, 17 and 18 of the affidavit filed in support of the instant transfer application.

6. Mr. Vijay Kumar Pandey, learned counsel for the opposite party submitted that opposite party/husband has no objection to the prayer of transfer made by applicant/wife.

7. I have considered the arguments advanced by the learned counsel for the parties and perused the record.

8. There is no dispute about the fact that proceeding under Section 13 (1) of the Hindu Marriage Act, 1955 initiated by opposite party/ husband is pending before family Court at Varanasi.

9. In order to appreciate the controversy involved in the matter perusal of paragraph Nos.15, 16, 17 and 18 of the affidavit filed in support of instant application will be relevant which are as under: "15. That applicant morally, financially and socially will be harassed while attending the of divorce proceedings Gorakhpur petition.

16. That proceeding of Case No. 296 of 2023 will create hurdles to pursue with studies at Varanasi and to look after her father also.

17. Thất applicant apprehends of being put under criminal assault by opposite party who lives in Gorakhpur and is adamant to ruin the applicant in either way.

18. That proceedings of Case No. 3708 of 2022 (Hari Priya Chaturvedi Hari Priya Dwivedi Versus Vivek Dwivedi under Section 12 of Domestic Violence Act and proceeding of Case Crime No. 364 of 2022, Police Station Maduwadech, District Varanasi are going on at Varanasi."

10. After perusal of the paragraphs Nos.15, 16, 17 and 18 of the affidavit filed in support of the instant transfer application as quoted above, this Court found that the prayer of the applicant/wife for transfer the case from Varanasi to Lucknow is genuine.

11. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of 296 of 2023 (Vivek Dwivedi Vs.Hari Priya) under Section 13 (1) of Hindu Marriage Act, 1955 is transferred from the court of Principal Judge, Family Court, Gorakhpur to Family Court of District-Varanasi. The Family Court, Gorakhpur is directed to transmit the record of the case to family Court Varanasi. The family Court Varanasi is directed to decide the aforementioned proceeding of the Case No.296 of 2023 (Vivek Dwivedi Vs.Hari Priya) under Section 13 (1) of Hindu Marriage Act, 1955 in accordance with law expeditiously. Order Date :- 6.8.2025 PS* PRITI SHARMA High Court of Judicature at Allahabad

"1. Heard learned counsel for the applicant.

2. The present application has been filed by the applicant-wife seeking transfer of Case No.296 of 2023 (Vivek Dwivedi Vs. Hari Priya), under Section 13 (1) of Hindu Marriage Act pending in the court of Principal Judge, Family Court, Gorakhpur to the competent court at District Varanasi.

3. It is submitted by learned counsel for the applicant that the applicant is residing with her father at Varanasi. It is further submitted that the father of the applicant is suffering from Diabetic Mellitus, CLL and is under treatment at Varanasi. It is further submitted that the distance from Varanasi to Gorakhpur is more than 200 kilometres. It is further submitted that it is difficult for the applicant to travel from Varanasi to Gorakhpur to contest the case instituted by opposite party at Gorakhpur on each and every date fixed in the matter. 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 Gorakhpur, 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 30.01.2024.

9. Until further orders of this Court, further proceeding of Case No.296 of 2023 (Vivek Dwivedi Vs. Hari Priya), under Section 13 (1) of Hindu Marriage Act pending in the court of Principal Judge, Family Court, Gorakhpur 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. Learned counsel for the applicant submitted that Matrimonial Case No. 296 of 2023 (Vivek Dwivedi Vs.Hari Priya) under Section 13 (1) of the Hindu Marriage Act, 1955 initiated by the opposite party-husband should be transferred from the Family Court, Gorakhpur to the competent court at Varanasi. He further placed reliance upon the averment made in paragraph Nos.15, 16, 17 and 18 of the affidavit filed in support of the instant transfer application.

6. Mr. Vijay Kumar Pandey, learned counsel for the opposite party submitted that opposite party/husband has no objection to the prayer of transfer made by applicant/wife.

7. I have considered the arguments advanced by the learned counsel for the parties and perused the record.

8. There is no dispute about the fact that proceeding under Section 13 (1) of the Hindu Marriage Act, 1955 initiated by opposite party/ husband is pending before family Court at Varanasi.

9. In order to appreciate the controversy involved in the matter perusal of paragraph Nos.15, 16, 17 and 18 of the affidavit filed in support of instant application will be relevant which are as under: "15. That applicant morally, financially and socially will be harassed while attending the of divorce proceedings Gorakhpur petition.

16. That proceeding of Case No. 296 of 2023 will create hurdles to pursue with studies at Varanasi and to look after her father also.

17. Thất applicant apprehends of being put under criminal assault by opposite party who lives in Gorakhpur and is adamant to ruin the applicant in either way.

18. That proceedings of Case No. 3708 of 2022 (Hari Priya Chaturvedi Hari Priya Dwivedi Versus Vivek Dwivedi under Section 12 of Domestic Violence Act and proceeding of Case Crime No. 364 of 2022, Police Station Maduwadech, District Varanasi are going on at Varanasi."

10. After perusal of the paragraphs Nos.15, 16, 17 and 18 of the affidavit filed in support of the instant transfer application as quoted above, this Court found that the prayer of the applicant/wife for transfer the case from Varanasi to Lucknow is genuine.

11. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of 296 of 2023 (Vivek Dwivedi Vs.Hari Priya) under Section 13 (1) of Hindu Marriage Act, 1955 is transferred from the court of Principal Judge, Family Court, Gorakhpur to Family Court of District-Varanasi. The Family Court, Gorakhpur is directed to transmit the record of the case to family Court Varanasi. The family Court Varanasi is directed to decide the aforementioned proceeding of the Case No.296 of 2023 (Vivek Dwivedi Vs.Hari Priya) under Section 13 (1) of Hindu Marriage Act, 1955 in accordance with law expeditiously. Order Date :- 6.8.2025 PS* PRITI SHARMA High Court of Judicature at Allahabad