Anoop Yadav v. Smt Priti Devi) under section

Applicant :- Smt Priti Devi Opposite Party :- Anoop Yadav Counsel for Applicant :- Rajesh Chandra Gupta Counsel for Opposite Party :- Shreesh Srivastava Hon'ble Chandra Kumar Rai,J.

1. Heard counsel for the applicant and Mr. Aman Srivastava, Advocate holding brief of Mr. Shreesh Srivastava, learned counsel for opposite party/ husband.

2. Brief facts of the case are that applicant is wife and opposite party is husband. The petition under Section 12 of the Hindu Marriage Act filed on behalf of the opposite party/ husband is pending in the Family Court Jalaun at Orai.

3. The instant transfer application has been filed for the following relief:- "It is, therefore most respectfully prayed that this Hon'ble Court may be pleased to transfer the Marriage Petition No. 528 of 2023 (Anoop Yadav versus Smt Priti Devi) under section 12 of Hindu Marriage Act from the Court of Additional Principal Judge, Family Court, Jalaun at Orai to any other Court at District Kanpur Dehat having the same jurisdiction. It is further prayed that this Hon'ble Court may be pleased to stay the further proeedings of Marriage Petition No. 528 of 2023 (Anoop Yadav versus Smt Priti Devi) under section 12 of Hindu Marriage Act pending in the Court of the Additional Principal Judge, Family Court, Jalaun at Orai, effect and operation of order dated 17.5.2024 passed by Additional Principal Judge, Family Court, Jalaun at Orai as well as mediation proceedings during pendency of present Transfer Application."

4. This Court entertained the matter on 27.8.2024 and passed the following interim order:- "Heard Sri Rajesh Chandra Gupta, learned counsel for the applicant and perused the record. This transfer application has been filed by the applicant seeking transfer of Marriage Petition No. 528 of 2023 (Anoop Yadav versus Smt. Priti Devi) under Section 12 of Hindu Marriage Act, 1955 from the Court of Additional Principal Judge, Family Court, Jalaun at Orai to any other competent Court in Judgeship, Kanpur Dehat. It is submitted by learned counsel for the applicant that it is a matrimonial dispute between the parties. The applicant is presently residing at Kanpur Dehat. The applicant has filed an application under Section 125 Cr.P.C. claiming maintenance in the Court of Principal Judge, Family Court, Kanpur Dehat. She has also filed complaint Case No.2163 of 2023 Under Section 12 of Domestic Violence Act in the Court of Civil Judge(J.D.)F.T.C./ (C.A.W.), Kanpur Dehat. Both the cases filed by the applicant are pending in the Judgeship, Kanpur Dehat. It is further submitted that opposite party has filed Marriage Petition No. 528 of 2023 (Anoop Yadav versus Smt. Priti Devi) under Section 12 of Hindu Marriage Act, 1955 on altogether incorrect facts in the Court of Additional Principal Judge, Family Court, Jalaun at Orai with the intention to harass the applicant. District Jalaun at Orai is much away from Kanpur Dehat. The applicant being deserted wife of opposite party, having no source of income, is facing great hardship to attend the Court's proceedings before Family Court, Jalaun at Orai. Matter requires consideration. Issue notice to the opposite party. Steps be taken within a week by registered post. List after two months. Until further orders, further proceedings of Marriage Petition No. 528 of 2023 (Anoop Yadav versus Smt. Priti Devi) under Section 12 of Hindu Marriage Act, 1955 pending in the Court of Additional Principal Judge, Family Court, Jalaun at Orai, shall remain stayed. "

5. In pursuance of the order dated 27.8.2024, counter affidavit has been filed on behalf of opposite party.

6. Counsel for the applicant submitted that in view of the pendency of the cases between the parties at Kanpur Dehat, the proceeding of marriage petition No. 528 of 2023 (Anoop Yadav Vs. Smt. Priti Devi) under Section 12 of Hindu Marriage Act filed by opposite party/ husband in the Family Court Jalaun at Orai should be transferred to Family Court, Kanpur Dehat.

7. On the other hand, learned counsel for the opposite party/ husband submitted that opposite party/ husband has no objection to the prayer of transfer made by applicant/ wife.

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

9. There is no dispute about the fact that proceeding under Section 12 of the Hindu Marriage Act initiated by opposite party/ husband is pending in the Court of Principal Judge, Family Court Jalaun at Orai.

10. In order to appreciate the controversy, the perusal of paragraph nos. 8,9,12 and 13 of the affidavit filed in support of the instant transfer application will be relevant which are as under:- "(8) That as the applicant is living with her parents, and she has no source of income to maintain herself and also she is fully depend upon her father, the applicant filed an application under Section 125 Cr.P.C. in the Court of Principal Judge, Family Court, Kanpur Dehat on 6.10.2023 which had been registered as case No. 1098 of 2023 (Smt. Priti Devi Vs. Anoop Singh), True copy of application under Section 125 Cr.P.C. is being filed herewith and marked as annexure No.1 to this affidavit. (9) That the applicant also filed a complaint case No. 2163 of 2023 under Section 12 of Domestic Violence Act 2006 against the respondent and others in the Court of Civil Judge (Junior Division) F.T.C./ (C.A.W.), Kanpur Dehat. True copy of complaint case No. 2163 of 2023 is being filed herewith and marked as annexure No.2 to this affidavit. (12) That the applicant is living with her father at Kanpur Dehat, she has no source of income and as such, she cannot attend the Court at Jalaun. (13) That further the applicant has danger to her life if she go to Jalaun because the respondent and his family members several times threatended to her."

11. In view of the averment made in the affidavit filed in support of the transfer application as quoted above coupled with the fact that opposite party/ husband has no objection to the prayer of transfer made by the applicant/ wife, the instant transfer application should be allowed.

12. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of marriage petition No. 528 of 2023 (Anoop Yadav Vs. Smt. Priti Devi) under Section 12 of Hindu Marriage Act pending in the Court of Additional Principal Judge Family Court Jalaun at Orai is transferred to Family Court at Kanpur Dehat. The Family Court Jalaun at Orai is directed to transmit the records of marriage petition No. 528 of 2023 (Anoop Yadav Vs. Smt. Priti Devi) under Section 12 of Hindu Marriage Act forthwith to Family Court Kanpur Dehat. Family Court Kanpur Dehat is directed to decide the aforesaid proceeding under Section 12 of Hindu Marriage Act expeditiously after affording proper opportunity of hearing to the parties. Order Date :- 18.8.2025 Vandana Y. VANDANA YADAV High Court of Judicature at Allahabad

Applicant :- Smt Priti Devi Opposite Party :- Anoop Yadav Counsel for Applicant :- Rajesh Chandra Gupta Counsel for Opposite Party :- Shreesh Srivastava Hon'ble Chandra Kumar Rai,J.

1. Heard counsel for the applicant and Mr. Aman Srivastava, Advocate holding brief of Mr. Shreesh Srivastava, learned counsel for opposite party/ husband.

2. Brief facts of the case are that applicant is wife and opposite party is husband. The petition under Section 12 of the Hindu Marriage Act filed on behalf of the opposite party/ husband is pending in the Family Court Jalaun at Orai.

3. The instant transfer application has been filed for the following relief:- "It is, therefore most respectfully prayed that this Hon'ble Court may be pleased to transfer the Marriage Petition No. 528 of 2023 (Anoop Yadav versus Smt Priti Devi) under section 12 of Hindu Marriage Act from the Court of Additional Principal Judge, Family Court, Jalaun at Orai to any other Court at District Kanpur Dehat having the same jurisdiction. It is further prayed that this Hon'ble Court may be pleased to stay the further proeedings of Marriage Petition No. 528 of 2023 (Anoop Yadav versus Smt Priti Devi) under section 12 of Hindu Marriage Act pending in the Court of the Additional Principal Judge, Family Court, Jalaun at Orai, effect and operation of order dated 17.5.2024 passed by Additional Principal Judge, Family Court, Jalaun at Orai as well as mediation proceedings during pendency of present Transfer Application."

4. This Court entertained the matter on 27.8.2024 and passed the following interim order:- "Heard Sri Rajesh Chandra Gupta, learned counsel for the applicant and perused the record. This transfer application has been filed by the applicant seeking transfer of Marriage Petition No. 528 of 2023 (Anoop Yadav versus Smt. Priti Devi) under Section 12 of Hindu Marriage Act, 1955 from the Court of Additional Principal Judge, Family Court, Jalaun at Orai to any other competent Court in Judgeship, Kanpur Dehat. It is submitted by learned counsel for the applicant that it is a matrimonial dispute between the parties. The applicant is presently residing at Kanpur Dehat. The applicant has filed an application under Section 125 Cr.P.C. claiming maintenance in the Court of Principal Judge, Family Court, Kanpur Dehat. She has also filed complaint Case No.2163 of 2023 Under Section 12 of Domestic Violence Act in the Court of Civil Judge(J.D.)F.T.C./ (C.A.W.), Kanpur Dehat. Both the cases filed by the applicant are pending in the Judgeship, Kanpur Dehat. It is further submitted that opposite party has filed Marriage Petition No. 528 of 2023 (Anoop Yadav versus Smt. Priti Devi) under Section 12 of Hindu Marriage Act, 1955 on altogether incorrect facts in the Court of Additional Principal Judge, Family Court, Jalaun at Orai with the intention to harass the applicant. District Jalaun at Orai is much away from Kanpur Dehat. The applicant being deserted wife of opposite party, having no source of income, is facing great hardship to attend the Court's proceedings before Family Court, Jalaun at Orai. Matter requires consideration. Issue notice to the opposite party. Steps be taken within a week by registered post. List after two months. Until further orders, further proceedings of Marriage Petition No. 528 of 2023 (Anoop Yadav versus Smt. Priti Devi) under Section 12 of Hindu Marriage Act, 1955 pending in the Court of Additional Principal Judge, Family Court, Jalaun at Orai, shall remain stayed. "

5. In pursuance of the order dated 27.8.2024, counter affidavit has been filed on behalf of opposite party.

6. Counsel for the applicant submitted that in view of the pendency of the cases between the parties at Kanpur Dehat, the proceeding of marriage petition No. 528 of 2023 (Anoop Yadav Vs. Smt. Priti Devi) under Section 12 of Hindu Marriage Act filed by opposite party/ husband in the Family Court Jalaun at Orai should be transferred to Family Court, Kanpur Dehat.

7. On the other hand, learned counsel for the opposite party/ husband submitted that opposite party/ husband has no objection to the prayer of transfer made by applicant/ wife.

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

9. There is no dispute about the fact that proceeding under Section 12 of the Hindu Marriage Act initiated by opposite party/ husband is pending in the Court of Principal Judge, Family Court Jalaun at Orai.

10. In order to appreciate the controversy, the perusal of paragraph nos. 8,9,12 and 13 of the affidavit filed in support of the instant transfer application will be relevant which are as under:- "(8) That as the applicant is living with her parents, and she has no source of income to maintain herself and also she is fully depend upon her father, the applicant filed an application under Section 125 Cr.P.C. in the Court of Principal Judge, Family Court, Kanpur Dehat on 6.10.2023 which had been registered as case No. 1098 of 2023 (Smt. Priti Devi Vs. Anoop Singh), True copy of application under Section 125 Cr.P.C. is being filed herewith and marked as annexure No.1 to this affidavit. (9) That the applicant also filed a complaint case No. 2163 of 2023 under Section 12 of Domestic Violence Act 2006 against the respondent and others in the Court of Civil Judge (Junior Division) F.T.C./ (C.A.W.), Kanpur Dehat. True copy of complaint case No. 2163 of 2023 is being filed herewith and marked as annexure No.2 to this affidavit. (12) That the applicant is living with her father at Kanpur Dehat, she has no source of income and as such, she cannot attend the Court at Jalaun. (13) That further the applicant has danger to her life if she go to Jalaun because the respondent and his family members several times threatended to her."

11. In view of the averment made in the affidavit filed in support of the transfer application as quoted above coupled with the fact that opposite party/ husband has no objection to the prayer of transfer made by the applicant/ wife, the instant transfer application should be allowed.

12. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of marriage petition No. 528 of 2023 (Anoop Yadav Vs. Smt. Priti Devi) under Section 12 of Hindu Marriage Act pending in the Court of Additional Principal Judge Family Court Jalaun at Orai is transferred to Family Court at Kanpur Dehat. The Family Court Jalaun at Orai is directed to transmit the records of marriage petition No. 528 of 2023 (Anoop Yadav Vs. Smt. Priti Devi) under Section 12 of Hindu Marriage Act forthwith to Family Court Kanpur Dehat. Family Court Kanpur Dehat is directed to decide the aforesaid proceeding under Section 12 of Hindu Marriage Act expeditiously after affording proper opportunity of hearing to the parties. Order Date :- 18.8.2025 Vandana Y. VANDANA YADAV High Court of Judicature at Allahabad