Smt Trisha Agarwal vs Anuj Garg
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Allahabad High Court

Smt Trisha Agarwal vs Anuj Garg on 18 August, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:140529
 

 
Neutral Citation No. - 2025:AHC:140529
 
Court No. - 37
 

 
Case :- TRANSFER APPLICATION (CIVIL) No. - 5 of 2025
 
Applicant :- Smt Trisha Agarwal
 
Opposite Party :- Anuj Garg
 
Counsel for Applicant :- Kuldeep Tripathi,Shiv Shanker Mishra
 
Counsel for Opposite Party :- Hemant Kumar
 

 
Hon'ble Chandra Kumar Rai,J.
 

1. Heard counsel for the applicant and Mr. Hemant Kumar, learned counsel for opposite party/ husband.

2. Brief facts of the case are that applicant is wife and opposite party is husband. A petition under Section 13 of the Hindu Marriage Act filed on behalf of the opposite party is pending in the Family Court at Bareilly.

3. The instant transfer application has been filed for the following relief:-

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to transfer the Original Suit No. 1702 of 2024, filed under section 13 of Hindu Marriage Act, 1955, Anuj Garg vs Smt. Trisha Agarwal, pending before the Court of Principal Judge (Family Court), Bareilly, District Bareilly to Principal Judge (Family Court), Moradabad, District Moradabad, or any other court of law having competent jurisdiction at District Moradabad.

It is further prayed that this Hon'ble Court may kindly be pleased to stay the further proceeding of the Original Suit No.1702 of 2024, filed under section 13 of Hindu Marriage Act, 1955, Anuj Garg vs Smt. Trisha Agarwal, pending before the Court of Principal Judge (Family Court), Bareilly, District Bareilly, during the pendency of the present application before this Hon'ble Court, otherwise the applicant will suffer irreparable loss and injury."

4. This Court entertained the matter on 13.2.2025 and passed the following interim order :-

"1. Heard learned counsel for the applicant.

2. The present transfer application has been filed for transferring Case/Suit No.1702 of 2024 (Anuj Garg Vs. Smt. Trisha Agarwal) under section 13 of the Hindu Marriage Act, 1955 from the court of Principal Judge, Family Court, Bareilly to the court of Principal Judge, Family Court, Moradabad.

3. It is argued by learned counsel for the applicant that the applicant is wife and she is living in District Moradabad. It is argued that the District Bareilly is faraway from her residence and the petitioner is suffering difficulty from appearing in aforesaid case.

4. Matter requires consideration.

5. Issue notice to the opposite party.

6. Steps be taken within a week by registered/speed post.

7. List on the date fixed in the notice.

8. In the meantime, learned counsel for the opposite party may file counter affidavit.

9. Till the next date of listing, the further proceedings in Case/Suit No.1702 of 2024 (Anuj Garg Vs. Smt. Trisha Agarwal) shall remain stayed.

10. In the the applicant fails to take steps within the time granted by this Court, the interim protection granted today shall automatically stand vacated without any reference to the Court."

5. In pursuance of the order dated 13.2.2025, parties have exchanged their pleading.

6. Counsel for the applicant submitted that in view of the averment made in paragraph no.12 to 17 of the proceeding of Section 13 of the Hindu Marriage Act pending in the Court of Principal Judge Family Court Bareilly should be transferred to Family Court, Moradabad.

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 divorce petition under Section 13 of the Hindu Marriage Act filed by opposite party/ husband is pending in the Court of Principal Judge, Family Court Bareilly.

10. In order to appreciate the controversy involved in the matter, the perusal of paragraph Nos. 12, 13, 14, 15, 16 and 17 of the affidavit will be relevant which are as under:-

"12. That the applicant is unemployed, therefore going through financial constrain.

13. That the applicant resides at her maternal home along with her parents, who are of 66 and 61 years of age.

14. That although she resides at her maternal home, there is absolutely no-one to take care and look after her child in her absence, as her parents are already suffering from various old age issues.

15. That the applicant being a lady, has to travel almost 100 Kms, all the way from Moradabad to Bareilly to appear in the proceedings before the learned trial court, leaving behind all the responsibilities of her young child.

16. That the applicant, after there being continuous incidents of harassment by the opposite party, is apprehending a serious repercussion, if she continued to attend proceedings at Bareilly.

17. That despite best efforts on the part of applicant, the opposite party and his family failed to accommodate the applicant and her baby, and also deserted them causing cruelty."

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. Apex Court in the case reported in (2016) 14 Supreme Court Cases 356 Vaishali Shridhar Jagtap Vs. Shridhar Vishwanath Jagtap has transferred the proceeding of divorce petition filed by husband to the place where wife reside. Paragraph No.1 to 7 of the judgment rendered in Vaishali Shridhar Jagtap (Supra) will be relevant for perusal which are as under :-

"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."

13. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Case No. 1702 of 2024 filed under Section 13 of the Hindu Marriage Act pending in the Court of Principal Judge Family Court Bareilly is transferred to Family Court at Moradabad. The Family Court Bareilly is directed to transmit the records of the Case No. 1702 of 2024 forthwith to the Family Court Moradabad. The Family Court Moradabad is directed to decide the Case No. 1702 of 2024 (Anuj Garg Vs. Smt. Trisha Agarwal) under Section 13 of the Hindu Marriage Act expeditiously preferably within period of six months from the date of production of certified copy of this order after affording proper opportunity to both the parties.

Order Date :- 18.8.2025

Vandana Y.