Smt. Dipti Gupta v. Mohit Kumar

#1. Heard Mr. Kuldeep Kumar Gupta, learned counsel for the applicant and Ms. Kawya, learned counsel for the opposite party.

#2. The instant transfer application has been filed with the prayer to transfer the Divorce Petition No.393 of 2023 "Mohit Kumar Gupta vs. Smt. Dipti Gupta under Section 13 (1) (a) of the Hindu Marriage act, 1955 from the court of Principal Judge, Family Court, Hathras to Family Court District-Firozabad.

#3. This Court entertained the matter on 18.11.2024 and stayed the further proceeding of the Case. The order dated 18.11.2024 is quoted as under: "1. Heard learned counsel for the applicant.

#2. The present application has been filed seeking transfer of Divorce Petition No. 393 of 2023 (Mohit Kumar Gupta vs. Smt. Dipti Gupta), under Section 13(1)(a) of Hindu Marriage Act from the court of Principal Judge, Family Court, Hathras to the competent court at Firozabad.

#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 stands made out, however, final opinion regarding transfer of the concerned case shall be made only after hearing the other side.

#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 February, 2025 before appropriate Bench."

#4. Learned counsel for the applicant submitted that proceeding of case under Section 13 (1) (a) of the Hindu Marriage Act, 1955 initiated by the opposite party-husband should be transferred from the Court of Family Court Hathras to the competent court at Firozabad. He further placed paragraph Nos.22, 23, 24 in order to demonstrate that proceeding of case under Section 13 (1) (a) of the Hindu Marriage Act, 1955 should be transferred from Hathras to Firozabad.

#5. Counter affidavit filed today is taken on record.

#6. Ms. Kawya, 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 is transferred from Hathras to Firozabad so that the pending proceeding can be decided expeditiously.

#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) (a) of the Hindu Marriage Act, 1955 initiated by opposite party is pending at family Court, Hathras.

#9. Perusal of the paragraphs Nos.22, 23 and 24 of the affidavit filed in support of the instant application demonstrate that prayer regarding transfer of the proceeding from Hathras to Firozabad 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 Divorce Petition No.393 of 2023 "Mohit Kumar Gupta vs. Smt. Dipti Gupta under Section 13 (1) (a) of the Hindu Marriage act, 1955 pending in the court of Principal Judge Family Court, Hathras is transferred from the court of Principal Judge, Family Court, Hathras to Family Court District-Firozabad. The Family Court, Hathras is directed to transmit the record of the case to family Court Firozabad forthwith. The family Court Firozabad is directed to decide the aforementioned proceeding of the Divorce Petition No.393 of 2023 "Mohit Kumar Gupta vs. Smt. Dipti Gupta under Section 13 (1) (a) of the Hindu Marriage act, 1955 in accordance with law expeditiously preferably within a period of eight months from the date of production of certified copy of this order. Order Date :- 28.7.2025/PS* PRITI SHARMA High Court of Judicature at Allahabad