Awadhesh Kumar Verma v. Smt. Varsha Verma) u/s

Applicant :- Smt. Varsha Verma Opposite Party :- Awadhesh Kumar Verma Counsel for Applicant :- Ravi Sahu Hon'ble Chandra Kumar Rai,J.

1. Heard learned counsel for the applicant-wife and Sri Anand Kumar, 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, Kanpur Nagar. 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 the present application and transfer the Case No.823 of 2024 (Awadhesh Kumar Verma Versus Smt. Varsha Verma) u/s 13 H.M. Act pending before Principal Judge Family Court, Kanpur Nagar to any other Competent Court in District Lucknow having same jurisdiction."

3. This Court entertained the matter on 18.10.2024 and stayed the further proceeding of the case. The order dated 18.10.2024 is quoted as under: "1. Heard learned counsel for the applicant.

2. The present application has been filed seeking transfer of Case No. 823 of 2024 (Awadhesh Kumar Verma vs. Smt. Varsha Verma), under Section 13 of Hindu Marriage Act from the court of Principal Judge, Family Court, Kanpur Nagar to the competent court at Lucknow.

3. The transfer has been sought citing inconvenience of the applicant.

4. In view of the decisions of Supreme Court in the cases of Rajni Kumari v. Raghvinder Sahay alias Babu, (2011) 11 SCC 176, Anjali Ashok Sadhwani v. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374, Fatema v. Jafri Syed Husain (Parvez), AIR 2009 SC 1773, Mona Aresh Goel vs. Aresh Satya Goel, (2000) 9 SCC 255, Sumita Singh vs. Kumar Sanjay and another, (2001) 10 SCC 41 and Vaishali Shridhar Jagtap vs. Shridhar Vishwanath Jagtap, (2016) 14 SCC 356, prima facie case for indulgence is made out.

5. Issue notice to the opposite party. Steps be taken by ordinary post as well as by registered speed post within ten days. In case, steps are not taken, the case shall be listed under Chapter XII Rule 4 of the High Court Rules.

6. Four weeks' time is granted to the opposite party for filing counter affidavit.

7. Two weeks' time, thereafter is granted to the applicant for filing rejoinder affidavit.

8. Till the next date of listing, further proceedings of aforesaid case shall remain stayed.

9. List this case in January, 2025 before appropriate Bench." Order Date:-18.10.2024 Sazia

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 the Court of Family Court, Kanpur Nagar to the competent court at Lucknow. He further placed paragraph Nos.4 to 9 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 Kanpur Nagar to Lucknow.He further submitted that cases are pending between the parties at Lucknow.

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 Kanpur Nagar to Lucknow 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, Kanpur Nagar.

8. In order to appreciate the controversy, perusal of paragraph nos.4 to 9 of the affidavit filed in support of the instant transfer application will be relevant which are as under:- "4. That in brief facts relating to the present case is that the marriage of Petitioner has been performed with opp. party according to Hindu rights and religion on 01.02.2023 and in the marriage sufficient dowry was given but her in-laws was not satisfied with the dowry and were demanding additional dowry of Rs.50 Lakhs and Card and due to that demand they cruelty with the applicant, thereafter the applicant has lodged F.I.R. against opposite party and his family members on 27.04.2024 registered as case crime No.210 of 2024 under section 498A, 323, 504,506 I.P.C. and section D.P. Act of Police station Para District Lucknow in which the investigation is still pending till the date to showing the said facts, a true photo copy of the F.I.R. dated 27.04.2024 is being filed herewith and marked as ANNEXURE NO.1 to this affidavit.

5. That it is necessary to mention here that the opp. p[arty has filed Case No.823 of 2024 under section 13 of Hindu Marriage Act before Principal Judge, Family Court, Kanpur Nagar on 27.03.2024 in which Learned Principal Judge, Family Court, Kanpur Nagar vide its order dated 27.03.2024 issued notice to the applicant fixing case was also listed on 24.05.2024 to showing the said facts, A true photo copy of the plaint dated 27.03.2024 and certified copy of the order sheet is being filed herewith, and marked as ANNEXURE NO.2 and 3 to this affidavit.

6. That applicant has lodged F.I.R. on 27.04.2024 registered as case crime No.210 of 2024 under section 498A, 323, 504,506 I.P.C. and section D.P. Act of Police station Para District Lucknow. in which the investigation is still pending till the date and police sent the matter to mediation Centre for conciliation. Therefore the aforesaid case filed by opposite party under section 13 of Hindu Marriage Act is liable to be transfer only on this ground unknown.

7. That it is necessary to mention here that the aforesaid case under section 13 H.M. Act was lastly listed on 24.05.2024 and on 24.05.2024 the Applicant went to District Court Kanpur Nagar to contest the aforesaid case where the opposite party and his Advocate and friend have attacked upon her and abused in filthy languages and threatening to kill her, and trying to commit the murder of Applicant therefore the life of the Applicant is still in danger and due to that reason she has no dare to went to Kanpur Nagar to contest the aforesaid case and if she will went to Kanpur Nagar to contest the aforesaid case then any thing can be happen with the Applicant.

8. That the applicant is ready to live at the house of opposite party but he is not ready to keep the applicant.

9. That the Applicant is poor lady and aged about 28 years old and she has no source of income and further the District Kanpur Nagar is 150 Kms. away from District Lucknow hence she is unable to went to District court Kanpur Nagar to contest above mentioned case on each and every dates."

9. Perusal of paragraphs Nos.4 to 9 of the affidavit filed in support of the instant application as quoted above demonstrate that prayer regarding transfer of the proceeding from Kanpur Nagar to Lucknow at the instance of applicant/wife is genuine coupled 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.823 of 2024 (Awadhesh Kumar Verma Versus Smt. Varsha Verma), under Section 13 of the Hindu Marriage Act, pending before the Principal Judge Family Court, Kanpur Nagar is transferred to Lucknow. The Family Court, Kanpur Nagar is directed to transmit the record of the case to the Family Court at Lucknow forthwith. The Family Court, Lucknow 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 :- 13.8.2025 C.Prakash CHANDRA PRAKASH High Court of Judicature at Allahabad

Applicant :- Smt. Varsha Verma Opposite Party :- Awadhesh Kumar Verma Counsel for Applicant :- Ravi Sahu Hon'ble Chandra Kumar Rai,J.

1. Heard learned counsel for the applicant-wife and Sri Anand Kumar, 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, Kanpur Nagar. 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 the present application and transfer the Case No.823 of 2024 (Awadhesh Kumar Verma Versus Smt. Varsha Verma) u/s 13 H.M. Act pending before Principal Judge Family Court, Kanpur Nagar to any other Competent Court in District Lucknow having same jurisdiction."

3. This Court entertained the matter on 18.10.2024 and stayed the further proceeding of the case. The order dated 18.10.2024 is quoted as under: "1. Heard learned counsel for the applicant.

2. The present application has been filed seeking transfer of Case No. 823 of 2024 (Awadhesh Kumar Verma vs. Smt. Varsha Verma), under Section 13 of Hindu Marriage Act from the court of Principal Judge, Family Court, Kanpur Nagar to the competent court at Lucknow.

3. The transfer has been sought citing inconvenience of the applicant.

4. In view of the decisions of Supreme Court in the cases of Rajni Kumari v. Raghvinder Sahay alias Babu, (2011) 11 SCC 176, Anjali Ashok Sadhwani v. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374, Fatema v. Jafri Syed Husain (Parvez), AIR 2009 SC 1773, Mona Aresh Goel vs. Aresh Satya Goel, (2000) 9 SCC 255, Sumita Singh vs. Kumar Sanjay and another, (2001) 10 SCC 41 and Vaishali Shridhar Jagtap vs. Shridhar Vishwanath Jagtap, (2016) 14 SCC 356, prima facie case for indulgence is made out.

5. Issue notice to the opposite party. Steps be taken by ordinary post as well as by registered speed post within ten days. In case, steps are not taken, the case shall be listed under Chapter XII Rule 4 of the High Court Rules.

6. Four weeks' time is granted to the opposite party for filing counter affidavit.

7. Two weeks' time, thereafter is granted to the applicant for filing rejoinder affidavit.

8. Till the next date of listing, further proceedings of aforesaid case shall remain stayed.

9. List this case in January, 2025 before appropriate Bench." Order Date:-18.10.2024 Sazia

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 the Court of Family Court, Kanpur Nagar to the competent court at Lucknow. He further placed paragraph Nos.4 to 9 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 Kanpur Nagar to Lucknow.He further submitted that cases are pending between the parties at Lucknow.

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 Kanpur Nagar to Lucknow 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, Kanpur Nagar.

8. In order to appreciate the controversy, perusal of paragraph nos.4 to 9 of the affidavit filed in support of the instant transfer application will be relevant which are as under:- "4. That in brief facts relating to the present case is that the marriage of Petitioner has been performed with opp. party according to Hindu rights and religion on 01.02.2023 and in the marriage sufficient dowry was given but her in-laws was not satisfied with the dowry and were demanding additional dowry of Rs.50 Lakhs and Card and due to that demand they cruelty with the applicant, thereafter the applicant has lodged F.I.R. against opposite party and his family members on 27.04.2024 registered as case crime No.210 of 2024 under section 498A, 323, 504,506 I.P.C. and section D.P. Act of Police station Para District Lucknow in which the investigation is still pending till the date to showing the said facts, a true photo copy of the F.I.R. dated 27.04.2024 is being filed herewith and marked as ANNEXURE NO.1 to this affidavit.

5. That it is necessary to mention here that the opp. p[arty has filed Case No.823 of 2024 under section 13 of Hindu Marriage Act before Principal Judge, Family Court, Kanpur Nagar on 27.03.2024 in which Learned Principal Judge, Family Court, Kanpur Nagar vide its order dated 27.03.2024 issued notice to the applicant fixing case was also listed on 24.05.2024 to showing the said facts, A true photo copy of the plaint dated 27.03.2024 and certified copy of the order sheet is being filed herewith, and marked as ANNEXURE NO.2 and 3 to this affidavit.

6. That applicant has lodged F.I.R. on 27.04.2024 registered as case crime No.210 of 2024 under section 498A, 323, 504,506 I.P.C. and section D.P. Act of Police station Para District Lucknow. in which the investigation is still pending till the date and police sent the matter to mediation Centre for conciliation. Therefore the aforesaid case filed by opposite party under section 13 of Hindu Marriage Act is liable to be transfer only on this ground unknown.

7. That it is necessary to mention here that the aforesaid case under section 13 H.M. Act was lastly listed on 24.05.2024 and on 24.05.2024 the Applicant went to District Court Kanpur Nagar to contest the aforesaid case where the opposite party and his Advocate and friend have attacked upon her and abused in filthy languages and threatening to kill her, and trying to commit the murder of Applicant therefore the life of the Applicant is still in danger and due to that reason she has no dare to went to Kanpur Nagar to contest the aforesaid case and if she will went to Kanpur Nagar to contest the aforesaid case then any thing can be happen with the Applicant.

8. That the applicant is ready to live at the house of opposite party but he is not ready to keep the applicant.

9. That the Applicant is poor lady and aged about 28 years old and she has no source of income and further the District Kanpur Nagar is 150 Kms. away from District Lucknow hence she is unable to went to District court Kanpur Nagar to contest above mentioned case on each and every dates."

9. Perusal of paragraphs Nos.4 to 9 of the affidavit filed in support of the instant application as quoted above demonstrate that prayer regarding transfer of the proceeding from Kanpur Nagar to Lucknow at the instance of applicant/wife is genuine coupled 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.823 of 2024 (Awadhesh Kumar Verma Versus Smt. Varsha Verma), under Section 13 of the Hindu Marriage Act, pending before the Principal Judge Family Court, Kanpur Nagar is transferred to Lucknow. The Family Court, Kanpur Nagar is directed to transmit the record of the case to the Family Court at Lucknow forthwith. The Family Court, Lucknow 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 :- 13.8.2025 C.Prakash CHANDRA PRAKASH High Court of Judicature at Allahabad