Harsh Tyagi v. Smt. Riya Tyagi), under Section

1. Heard learned counsel for the applicant and Mr. Ashok Kumar Tripathi, 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 initiated at the instance of opposite party/ husband is pending in the Family Court, Muzaffarnagar.

3. The instant transfer application has been filed with the prayer to transfer the Case No.1847 of 2022 (Harsh Tyagi vs. Smt. Riya Tyagi), under Section 13 of Hindu Marriage Act from the Court of Principle Judge, Family Court, Muzaffarnagar to Family Court, Gautam Buddha Nagar.

4. This Court entertained the matter on 8.2.2024 and stayed the further proceeding of the Case No.1847 of 2022 (Harsh Tyagi vs. Smt. Riya Tyagi), under Section 13 of Hindu Marriage Act. The order dated 8.2.2024 is quoted as under: "Heard Sri Ankit Yadav, Advocate holding brief of Sri Abhinav Singh, learned counsel for the applicant and perused the record. This transfer application has been filed by the applicant seeking transfer of Case No.1847 of 2022 (Harsh Tyagi Vs. Smt. Riya Tyagi) filed under Section 13 of Hindu Marriage Act, 1955 from the court of Principal Judge, Family Court, Muzaffarnagar to the competent court in the judgeship of Gautam Budh Nagar. 2 TACL No. 60 of 2024 It is submitted by learned counsel for the applicant that it is a matrimonial dispute between the parties. The applicant is presently residing in district Gautam Budh Nagar. The applicant wife has filed a complaint under Section 12 of Domestic Violence Act in the court of Judicial Magistrate, First Class, District Court Greater Noida which was registered as Complaint Case No.319 of 2022. The applicant has also filed a complaint against the respondent under Sections 406 & 506 I.P.C. in the court of Civil Judge (S.D.)/F.T.C., Gautam Budh Nagar. The respondent only to harass the applicant has filed the divorce petition in the court of Principal Judge, Family Court, Muzaffarnagar. The district Muzaffarnagar is much away from the district Gautam Budh Nagar. Both the cases filed by applicant are pending in the judgeship of Gautam Budh Nagar. 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, Muzaffarnagar. Matter requires consideration. Issue notice to respondent. Steps be taken within a week by registered post. List after two months. Till the next date of listing, the further proceedings of Case No.1847 of 2022, shall remain stayed."

5. In pursuance of the order of this Court dated 8.2.2024 counter affidavit has been filed on behalf of the opposite party.

6. Learned counsel for the applicant submitted that the proceeding between the parties are pending at District- Gautam Buddha Nagar, as such, the proceeding under Section 13 of Hindu Marriage Act should be transferred from District-Muzaffarnagar to District- Gautam Buddha Nagar. He placed the averment made in paragraph nos.20 to 25 of the affidavit filed in support of the instant transfer application in order to demonstrate that the proceeding of Hindu Marriage Act initiated by opposite party/ husband should be transferred from the Court of Principle Judge, Family Court, Muzaffarnagar to Family Court, Gautam Buddha Nagar.

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 Hindu Marriage Act from Principle Judge, Family Court, Muzaffarnagar to Family Court, Gautam Buddha Nagar.

8. I have considered the argument advanced by leaned counsel for the parties 3 TACL No. 60 of 2024 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, Muzaffarnagar.

10. In order to appreciate the controversy involved in the matter, perusal of paragraph nos.20 to 25 of the affidavit filed in support of the instant transfer application will be relevant which are as under: "20. That it is submitted here that the applicant/ wife is a permanent resident of District Gautam Budh Nagar and is residing with her parents, therefore; it is not practically possible for her to attend the dates/ proceedings before the Court at District- Muzartarngar.

21. That even otherwise a lot of time, energy and money would be spent in contesting the proceedings all the way at Muzaffarnagar to the detriment of applicant/ wife, who has been abundant and rendered helpless by her husband/ opp. party.

22. That moreover the applicant/ wife does not have any support at District Muzaffarnagar, nor she has anybody to accompany her to the Courts at District- Muzaffarnagar, on the other hand if the proceedings U/s 13 of Hindu Marriage Act are transferred at Gautam Budh Nagar, the applicant/ wife would have moral and emotional support on her parents who are based at Gautam Budh Nagar only.

23. That since the cases i.e. F.I.R. u/s 498A IPC; complaint u/s 12 of Domestic Violence Act and complaint u/s 406 & 506 IPC lodged by the applicant/ wife is pending at District Gautam Budh Nagar, so it would be appropriate in the interest of justice that the proceedings of suit u/s 13 of Hindu Marriage Act, 1955, filed at Muzaffarnagar may be transferred to Gautam Budh Nagar, so that all the cases may be decided at one place, which will be convenient to both the parties.

24. That it is pertinent to mention here that the applicant is unemployed and has no source of income and she is totally dependent upon her parents for her livelihood.

25. That the husband/ opp. party cannot be permitted to carry on the proceedings u/s 13 of Hindu Marriage Act at the place of his convenience and due weightage needs to be given to the condition and circumstances being faced by the applicant/ wife who is surviving in absence of any support of her husband and is dependent upon her family and parents based at Gautam Budh Nagar."

11. The perusal of the paragraph nos.20 to 25 of the affidavit as quoted above demonstrate that prayer of the applicant for transfer of proceeding under Section 13 of Hindu Marriage Act from Principle Judge, Family 4 TACL No. 60 of 2024 Court, Muzaffarnagar to Family Court, Gautam Buddha Nagar is genuine coupled with the fact that opposite party / husband has no objection to the prayer of transfer made by applicant / wife.

12. Apex Court in the case reported in (2016) 14 Supreme Court Cases 356, Vaishali Shridhar Jagtap vs. Sridhar Vishwanath Jagtap has transferred the proceeding of divorce petition filed by husband to the place where wife reside. Paragraph nos.1 to 7 of the judgement rendered in Vaishali Shridhar Jagtap (supra) will be relevant for perusal, which are as under: "1. Leave granted.

2. The appellant is the wife of the respondent. She is aggrieved since the High Court of Bombay declined to transfer the case, filed in Mumbai by the respondent for divorce, to Barshi where the appellant resides- parental home. The Review Petition was also dismissed. The High Court has taken the view that the appellant does not have to travel on all days for defending the case, and on the days of her travel, she will be paid a sum of rupees one thousand five hundred.

3. According to the appellant, her mother is aged and it is difficult for her mother to accompany the appellant for her travel to Mumbai. It is also stated that there are three criminal cases - one for maintenance, the second under the Prevention of Domestic Violence Act, 2005 and the third under Section 498A of The Indian Penal Code, 1860 and other related provisions, pending at Barshi, and one on the civil side for restitution.

4. The learned Counsel appearing for the respondent has vehemently opposed the prayer for transfer. It was submitted that the appellant's mother is only 60 years old and that she has two brothers. It is also pointed out that majority of the witnesses are from Mumbai and it would be difficult for them to travel to Barshi, and, in any case, the attempt is to harass the respondent-husband.

5. Admittedly, the distance between Mumbai and Barshi is around 400 kilometres. Four cases between the parties are pending at Barshi. Apparently, the comparative hardship is more to the appellant-wife. This aspect of the matter, unfortunately, the High Court has missed to take note of.

6. In view of the above, the impugned orders are set aside and the M.J.Petition No. 2287 of 2013 filed by the respondent-husband in Family Court Bandra, Bombay will stand transferred to the court of competent jurisdiction at Barshi.

7. The appeals are allowed as above. There shall be no orders as to costs." 5 TACL No. 60 of 2024

13. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Case No.1847 of 2022 (Harsh Tyagi vs. Smt. Riya Tyagi), under Section 13 of Hindu Marriage Act pending in the Court of Principle Judge, Family Court, Muzaffarnagar is transferred to Family Court, Gautam Budha Nagar. The Family Court, Muzaffarnagar is directed to transmit the record of the case to Family Court, Gautam Buddha Nagar forthwith. The Family Court, Gautam Buddha Nagar is directed to decide the aforementioned proceeding of Case No.1847 of 2022 (Harsh Tyagi vs. Smt. Riya Tyagi), 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 four months from the date of production of certified copy of this order. September 17, 2025 Rameez (Chandra Kumar Rai,J.) RAMEEZ AHMED High Court of Judicature at Allahabad

1. Heard learned counsel for the applicant and Mr. Ashok Kumar Tripathi, 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 initiated at the instance of opposite party/ husband is pending in the Family Court, Muzaffarnagar.

3. The instant transfer application has been filed with the prayer to transfer the Case No.1847 of 2022 (Harsh Tyagi vs. Smt. Riya Tyagi), under Section 13 of Hindu Marriage Act from the Court of Principle Judge, Family Court, Muzaffarnagar to Family Court, Gautam Buddha Nagar.

4. This Court entertained the matter on 8.2.2024 and stayed the further proceeding of the Case No.1847 of 2022 (Harsh Tyagi vs. Smt. Riya Tyagi), under Section 13 of Hindu Marriage Act. The order dated 8.2.2024 is quoted as under: "Heard Sri Ankit Yadav, Advocate holding brief of Sri Abhinav Singh, learned counsel for the applicant and perused the record. This transfer application has been filed by the applicant seeking transfer of Case No.1847 of 2022 (Harsh Tyagi Vs. Smt. Riya Tyagi) filed under Section 13 of Hindu Marriage Act, 1955 from the court of Principal Judge, Family Court, Muzaffarnagar to the competent court in the judgeship of Gautam Budh Nagar. 2 TACL No. 60 of 2024 It is submitted by learned counsel for the applicant that it is a matrimonial dispute between the parties. The applicant is presently residing in district Gautam Budh Nagar. The applicant wife has filed a complaint under Section 12 of Domestic Violence Act in the court of Judicial Magistrate, First Class, District Court Greater Noida which was registered as Complaint Case No.319 of 2022. The applicant has also filed a complaint against the respondent under Sections 406 & 506 I.P.C. in the court of Civil Judge (S.D.)/F.T.C., Gautam Budh Nagar. The respondent only to harass the applicant has filed the divorce petition in the court of Principal Judge, Family Court, Muzaffarnagar. The district Muzaffarnagar is much away from the district Gautam Budh Nagar. Both the cases filed by applicant are pending in the judgeship of Gautam Budh Nagar. 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, Muzaffarnagar. Matter requires consideration. Issue notice to respondent. Steps be taken within a week by registered post. List after two months. Till the next date of listing, the further proceedings of Case No.1847 of 2022, shall remain stayed."

5. In pursuance of the order of this Court dated 8.2.2024 counter affidavit has been filed on behalf of the opposite party.

6. Learned counsel for the applicant submitted that the proceeding between the parties are pending at District- Gautam Buddha Nagar, as such, the proceeding under Section 13 of Hindu Marriage Act should be transferred from District-Muzaffarnagar to District- Gautam Buddha Nagar. He placed the averment made in paragraph nos.20 to 25 of the affidavit filed in support of the instant transfer application in order to demonstrate that the proceeding of Hindu Marriage Act initiated by opposite party/ husband should be transferred from the Court of Principle Judge, Family Court, Muzaffarnagar to Family Court, Gautam Buddha Nagar.

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 Hindu Marriage Act from Principle Judge, Family Court, Muzaffarnagar to Family Court, Gautam Buddha Nagar.

8. I have considered the argument advanced by leaned counsel for the parties 3 TACL No. 60 of 2024 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, Muzaffarnagar.

10. In order to appreciate the controversy involved in the matter, perusal of paragraph nos.20 to 25 of the affidavit filed in support of the instant transfer application will be relevant which are as under: "20. That it is submitted here that the applicant/ wife is a permanent resident of District Gautam Budh Nagar and is residing with her parents, therefore; it is not practically possible for her to attend the dates/ proceedings before the Court at District- Muzartarngar.

21. That even otherwise a lot of time, energy and money would be spent in contesting the proceedings all the way at Muzaffarnagar to the detriment of applicant/ wife, who has been abundant and rendered helpless by her husband/ opp. party.

22. That moreover the applicant/ wife does not have any support at District Muzaffarnagar, nor she has anybody to accompany her to the Courts at District- Muzaffarnagar, on the other hand if the proceedings U/s 13 of Hindu Marriage Act are transferred at Gautam Budh Nagar, the applicant/ wife would have moral and emotional support on her parents who are based at Gautam Budh Nagar only.

23. That since the cases i.e. F.I.R. u/s 498A IPC; complaint u/s 12 of Domestic Violence Act and complaint u/s 406 & 506 IPC lodged by the applicant/ wife is pending at District Gautam Budh Nagar, so it would be appropriate in the interest of justice that the proceedings of suit u/s 13 of Hindu Marriage Act, 1955, filed at Muzaffarnagar may be transferred to Gautam Budh Nagar, so that all the cases may be decided at one place, which will be convenient to both the parties.

24. That it is pertinent to mention here that the applicant is unemployed and has no source of income and she is totally dependent upon her parents for her livelihood.

25. That the husband/ opp. party cannot be permitted to carry on the proceedings u/s 13 of Hindu Marriage Act at the place of his convenience and due weightage needs to be given to the condition and circumstances being faced by the applicant/ wife who is surviving in absence of any support of her husband and is dependent upon her family and parents based at Gautam Budh Nagar."

11. The perusal of the paragraph nos.20 to 25 of the affidavit as quoted above demonstrate that prayer of the applicant for transfer of proceeding under Section 13 of Hindu Marriage Act from Principle Judge, Family 4 TACL No. 60 of 2024 Court, Muzaffarnagar to Family Court, Gautam Buddha Nagar is genuine coupled with the fact that opposite party / husband has no objection to the prayer of transfer made by applicant / wife.

12. Apex Court in the case reported in (2016) 14 Supreme Court Cases 356, Vaishali Shridhar Jagtap vs. Sridhar Vishwanath Jagtap has transferred the proceeding of divorce petition filed by husband to the place where wife reside. Paragraph nos.1 to 7 of the judgement rendered in Vaishali Shridhar Jagtap (supra) will be relevant for perusal, which are as under: "1. Leave granted.

2. The appellant is the wife of the respondent. She is aggrieved since the High Court of Bombay declined to transfer the case, filed in Mumbai by the respondent for divorce, to Barshi where the appellant resides- parental home. The Review Petition was also dismissed. The High Court has taken the view that the appellant does not have to travel on all days for defending the case, and on the days of her travel, she will be paid a sum of rupees one thousand five hundred.

3. According to the appellant, her mother is aged and it is difficult for her mother to accompany the appellant for her travel to Mumbai. It is also stated that there are three criminal cases - one for maintenance, the second under the Prevention of Domestic Violence Act, 2005 and the third under Section 498A of The Indian Penal Code, 1860 and other related provisions, pending at Barshi, and one on the civil side for restitution.

4. The learned Counsel appearing for the respondent has vehemently opposed the prayer for transfer. It was submitted that the appellant's mother is only 60 years old and that she has two brothers. It is also pointed out that majority of the witnesses are from Mumbai and it would be difficult for them to travel to Barshi, and, in any case, the attempt is to harass the respondent-husband.

5. Admittedly, the distance between Mumbai and Barshi is around 400 kilometres. Four cases between the parties are pending at Barshi. Apparently, the comparative hardship is more to the appellant-wife. This aspect of the matter, unfortunately, the High Court has missed to take note of.

6. In view of the above, the impugned orders are set aside and the M.J.Petition No. 2287 of 2013 filed by the respondent-husband in Family Court Bandra, Bombay will stand transferred to the court of competent jurisdiction at Barshi.

7. The appeals are allowed as above. There shall be no orders as to costs." 5 TACL No. 60 of 2024

13. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Case No.1847 of 2022 (Harsh Tyagi vs. Smt. Riya Tyagi), under Section 13 of Hindu Marriage Act pending in the Court of Principle Judge, Family Court, Muzaffarnagar is transferred to Family Court, Gautam Budha Nagar. The Family Court, Muzaffarnagar is directed to transmit the record of the case to Family Court, Gautam Buddha Nagar forthwith. The Family Court, Gautam Buddha Nagar is directed to decide the aforementioned proceeding of Case No.1847 of 2022 (Harsh Tyagi vs. Smt. Riya Tyagi), 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 four months from the date of production of certified copy of this order. September 17, 2025 Rameez (Chandra Kumar Rai,J.) RAMEEZ AHMED High Court of Judicature at Allahabad