Allahabad High Court
Smt Pooja Rai vs Abhishek Kumar Rai on 18 August, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:140547
Neutral Citation No. - 2025:AHC:140547
Court No. - 37
Case :- TRANSFER APPLICATION (CIVIL) No. - 80 of 2024
Applicant :- Smt Pooja Rai
Opposite Party :- Abhishek Kumar Rai
Counsel for Applicant :- Pramod Kumar Sahani
Counsel for Opposite Party :- Ashok Kumar Gupta
Hon'ble Chandra Kumar Rai,J.
1. Heard Mr. Pramod Kumar Sahani, learned counsel for the applicant and Mr. Ashok Kumar Gupta, 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 / husband is pending in the Family Court at Azamgarh.
3. The instant transfer application has been filed for the following relief:-
"It is therefore most respectfully prayed that this Hon'ble Court may kindly pleased to transfer the case no.908 (Abhishek Kumar Rai Vs. Pooja Rai) Under Section 13 of Hindu marriage act, pending before Additional Principal Judge Family Court no. 1, Azamgarh to Family Court Mau, District Mau, within a stipulated time and further be pleased to in the meantime the proceeding of the aforesaid case may kindly be stayed, otherwise applicant shall suffer an irreparable loss and injury."
4. This Court entertained the matter on 12.2.2024 and passed the following interim order:-
"Heard Shri Pramod Kumar Sahani, learned counsel for applicant and perused the record.
This transfer application has been filed on behalf of applicant seeking transfer of divorce petition No. 908 of 2022 (Abhishek Kumar Rai Vs. Pooja Rai) from the Court of Principal Judge, Family Court No. 1, Azamgarh to Family Court, Mau.
Learned counsel for applicant submits that it is a case of matrimonial dispute between the parties. The applicant has filed complaint against the opposite party and his family members in the court of Chief Judicial Magistrate, Mau, which was registered as Complaint Case No. 4772 of 2018. It is further submitted that applicant is residing at district Mau. It is further submitted that only to harass the applicant, opposite party has filed a divorce petition in the Court of Principal Judge Family Court, Azamgarh. The applicant, being deserted wife of opposite party having no source of income, is facing great hardship to attend the Court proceeding at Principal Judge Family Court, Azamgarh.
Matter requires consideration.
Admit.
Issue notice to opposite party. Steps be taken within a week by registered post.
List this case in second week of March, 2024.
Till the next date of listing, further proceedings of divorce petition No. 908 of 2022 pending in the Court of Principal Judge, Family Court No. 1, Azamgarh, shall remain stayed."
5. In pursuance of the order dated 12.2.2024, opposite party/ husband has put in appearance through counsel.
6. Counsel for the applicant submitted that in view of the pendency of the cases between the parties at Mau, the proceeding of case No. 908 under Section 13 of the Hindu Marriage Act initiated by opposite party/ husband in the Family Court, Azamgarh should be transferred to Mau. He further placed the averment made in paragraph nos. 16 to 19 of the affidavit filed in support of instant transfer application.
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 Azamgarh.
10. In order to appreciate the controversy involved in the matter, the perusal of paragraph nos. 16 to 19 of the affidavit will be relevant which are as under:-
"16. That the Opp. Party filed suit for desolation of 1 marriage U/s 13 of Hindu Marriage Act before Principal Judge Family Court Azamgarh, intentionally only to harass the applicant.
17. That the applicant is a lady, who is facing two trial at District Mau and another proceeding intentionally started by the opp. Party at District Azamgarh whereas the applicant is permanently residing at District-Mau in this situation the applicant has to fact hardship to attend the proceeding of under section 13 of Hindu Marriage Act, at District-Azamgarh.
18. That the applicant is having post graduate diploma in event management and she is continuously in search of job and at present she is having no source of income. ?
19. That the applicant is preparing for competitive examination and hardly she could attend the proceeding at District-Mau by disturbing her study in absence of finance, and in this situation another proceeding at District Azamgarh, is highly painful which is causing harm to the flow of study of applicant."
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. 908 of 2022 (Abhishek Kumar Rai Vs. Pooja Rai) under Section 13 of the Hindu Marriage Act pending in the Court of Principal Judge Family Court Azamgarh is transferred to Family Court at Mau. The Family Court Azamgarh is directed to transmit the records of case No. 908 of 2022 to the Family Court, Mau. The Family Court Mau is directed to decide the case No. 908 of 2022 under Section 13 of Hindu Marriage Act expeditiously affording opportunity of hearing to the parties.
Order Date :- 18.8.2025
Vandana Y.
