Smt. Karishma Pankaj vs Brij Lal
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Allahabad High Court

Smt. Karishma Pankaj vs Brij Lal on 16 September, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2025:AHC:164496
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
TRANSFER APPLICATION (CIVIL) No. - 697 of 2025   
 
   Smt. Karishma Pankaj    
 
  .....Applicant(s)   
 
 Versus  
 
   Brij Lal    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Pradeep Kumar Pandey   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
Ajay Tripathi   
 
     
 
 Court No. - 37
 
   
 
 HON'BLE CHANDRA KUMAR RAI, J.      

1. Heard counsel for the applicant/wife and Mr. Ajay Tripathi, learned counsel for opposite party/ husband.

2. Brief facts of the case are that proceeding under Section 13 of Hindu Marriage Act initiated at the instance of opposite party/ husband is pending in the Court of Principal Judge Family Court Kaushambi. Certain proceedings between the parties are pending in District Prayagraj/ Allahabad.

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

"It is, therefore, most respectfully prayed that the Hon'ble Court may graciously be pleased to transfer the Case (Divorce Petition) No. 162/2025 (Brij Lal Vs. Smt. Karishma Pankaj) under Section 13 of the Hindu Marriage Act, pending in the Court of Principal Judge, Family Court, Kaushambi to the Principal Judge, Family Court, Prayagraj / Allahabad.

And further be pleased to Stay the further proceedings of Case (Divorce Petition) No. 162/2025 (Brij Lal Vs. Smt. Karishma Pankaj) under Section 13 of the Hindu Marriage Act, pending in the Court of Principal Judge, Family Court Kaushambi, during pendency of the instant case before this Hon'ble Court." 4. Counsel for the applicant submitted that in view of the pendency of the cases between the parties at Allahabad/ Prayagraj, the proceeding under Section 13 of Hindu Marriage Act initiated at the instance of opposite party/ husband in Family Court Kaushambi should be transferred to Prayagraj/ Allahabad. He further placed the averment made in paragraph nos. 4,5,6,7,8,9,10,11,12,13 of the affidavit filed in support of the instant transfer application.

5. On the other hand, learned counsel for the opposite party/ husband submitted that no ground for transfer is made out in the instant matter, as such, the instant transfer application should be dismissed. He submitted that the facts mentioned in the affidavit are not correct, as such, the prayer made in the instant transfer application cannot be allowed.

6. I have considered the arguments advanced by learned counsel for the parties and perused the records.

7. There is no dispute about the fact that proceeding under Section 13 of Hindu Marriage Act initiated at the instance of opposite party/ husband is pending in the Family Court Kaushambi.

8. In order to appreciate the controversy involved in the matter, the perusal of paragraph Nos. 4 to 13 of the affidavit will be relevant which are as under:-

"4. That, on 23.05.2023, the applicant, has lodged a First Information Report against the opposite party and his other family members at FIR/Case Crime No.37/2023, Under Sections 498-A, 323, 504, 506, 406 IPC and Dowry Prohibition Act, Police Station- Mahila Thana, District- Nagar (Commissionerate Prayagraj). It is further submitted that in this case charge sheet has also been filed, cognizance has been taken and summons has also been issued. It is further submitted that the criminal case arising out of aforesaid FIR is pending against the opposite party in District Court Allahabad. True copy of the First Information Report as lodged against the opposite party, dated: 23.05.2023, is being filed herewith and marked as Annexure No.1 to this affidavit.

5. That, on 16.06.2023, the applicant has also moved application under section 125 CRPC for maintenance against the opposite party, before the Principal Judge, Family Court, Allahabad. True copy of the application under section 125 CRPC dated: 16.06.2023, is being filed herewith and marked as Annexure No.2 to this affidavit.

6. That, the opposite party has filed case no. 162 of 2025 before the Principal Judge, Family Court, District Kaushambi against the applicant on 2.603.2025 for taking divorce under section 13 of the Hindu Marriage Act. Certified copy of the plaint of the case no. 162/2025 dated 2603.2025 along with the certified copy of the order sheet is being filed herewith and marked as Annexure No.3 to this affidavit.

7. That it is also relevant to submit herein that the applicant is residing with her father in Village- Jondhi Majhiyari, P.S.-Lalapur, District-Prayagraj, which is about 45 Kms. away from the District Court Prayagraj and about 120 Kms. away from Family Court Kaushambi.

8. That, the residence of the opposite party/ husband of the applicant is about 20 Kms. away from the Family Court Allahabad.

9. That, it is also relevant to submit herein that the opposite party /husband of the applicant is practicing advocate of District court Kausambi. Hence, he may influence the proceedings of the case and harass the applicant with the help of the members of the bar.

10. That, the applicant is solely dependent on her old and ailing father hence it is very difficult for her to attend the proceedings pending in Civil Court Kaushambi, which is about 120 kms away from her place of residence.

11. That, the Family Court Allahabad is the most convenient and suitable place to both the parties.

12. That, the opposite party has initiated the present proceedings in Family Court Kaushambi only to harass the applicant.

13. That, it is relevant to submit herein that in cases filed by the husband against wife, the convenience of the wife is relevant consideration to transfer the case."

9. The perusal of the averment made in paragraph nos. 4 to 13 of the affidavit filed in support of the instant transfer application demonstrate that prayer made for transfer the proceeding under Section 13 of Hindu Marriage Act from Kaushambi to Allahabad/ Prayagraj is genuine.

10. 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."

11. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of case No. 162 of 2025 under Section 13 of the Hindu Marriage Act (Brij Lal Vs. Smt. Karishma Pankaj) pending in the Court of Principal Judge Family Court Kaushambi is transferred to Principal Judge Family Court Prayagraj/ Allahabad. The Family Court Kaushambi is directed to transmit the records of case No. 162 of 2025 to the Court of Principal Judge Family Court Prayagraj/ Allahabad. The Family Court Prayagraj/ Allahabad, is directed to decide the Case No.162 of 2025 under Section 13 of the Hindu Marriage Act expeditiously preferably within period of six months after affording opportunity of hearing to the parties.

(Chandra Kumar Rai,J.)

September 16, 2025

Vandana Y.