Allahabad High Court
Smt. Shilpa vs Vineet Malik on 11 August, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:135694 Court No. - 37 Case :- TRANSFER APPLICATION (CIVIL) No. - 1042 of 2023 Applicant :- Smt. Shilpa Opposite Party :- Vineet Malik Counsel for Applicant :- Narendra Kumar,Sitendra Singh,Yogendra Pal Singh Counsel for Opposite Party :- Om Sharan Goswami,Pravesh Kumar Hon'ble Chandra Kumar Rai,J.
1. Heard Mr. Brijesh Kumar Yadav, holding brief of Mr. Narendra Kumar, learned counsel for the applicant and Om Sharan Goswami, 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 has been initiated at the instance of opposite party/ husband in the Family Court, Muzaffarnagar.
3. The instant transfer application has been filed with the prayer to transfer the Suit No.1064 of 2023 (Vineet Malik Vs. Smt. Shilpa), under Section 13 of Hindu Marriage Act from the Court of Principle Judge, Family Court, Muzaffarnagar to Family Court, Baghpat.
4. This Court entertained the matter on 5.1.2024 and stayed the further proceeding of the Suit No.1064 of 2023 (Vineet Malik Vs. Smt. Shilpa), under Section 13 of Hindu Marriage Act. The order dated 5.1.2024 is quoted as under:
"Heard Sri Yogendra Pal Singh, learned counsel for the applicant and perused the record.
This transfer application has been filed by the applicant seeking transfer of Misc. Suit No. 1064 of 2023 (Vineet Malik Vs. Smt. Shilpa) under Section 13 of Hindu Marriage Act from Principal Judge, Family Court, Muzaffarnagar to Principal Judge, Family Court, Baghpat.
It is submitted by learned counsel for the applicant that it is a matrimonial dispute between the parties. The opposite party himself has filed application under Section 9 of Hindu Marriage Act, which was registered as Case No.- 783 of 2023 in the court of Principal Judge, Family Court, Baghpat. The applicant has also filed an application under Section 125 Cr.P.C. for claiming maintenance in the court of Principal Judge, Family Court Bagpat, which was registered as Case No.- 742 of 2022. Two cases between the parties are pending in the court of Principal Judge, Family Court, Baghpat. The applicant is presently residing in district Baghpat. The present divorce petition has been filed on altogether incorrect facts by opposite party in the court of Principal Judge, Family Court, Muzaffarnagar, which is much away from district Baghpat. The applicant being deserted wife of opposite party having no source of income, is facing great hardship to attend the Court's proceeding before Family Court, Muzaffarnagar.
Matter requires consideration.
Issue notice to opposite party. Steps be taken within a week by registered post.
List after service upon opposite party.
Till the next date of listing, further proceedings of Misc. Suit No. 1064 of 2023 (Vineet Malik Vs. Smt. Shilpa) pending in the Court of Principal Judge, Family Court, Muzaffarnagar, shall remain stayed. "
5. In pursuance of the order of this Court dated 5.1.2024, parties have exchanged their pleadings.
6. Learned counsel for the applicant submitted that the proceeding between the parties are pending at District- Baghpat, as such, the proceeding under Section 13 of Hindu Marriage Act should be transferred from District- Muzaffarnagar to District- Baghpat. He placed the averment made in paragraph nos.14, 15, 16 & 17 of the affidavit filed in support of the instant transfer application in order to demonstrate that the proceeding for divorce petition initiated by opposite party/ husband should be transferred from the Court of Principle Judge, Family Court, Muzaffarnagar to Family Court, Baghpat.
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 divorce petition from District- Muzaffarnagar to District- Baghpat.
8. I have considered the argument advanced by leaned counsel for the parties 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.14, 15, 16 & 17 of the affidavit filed in support of the instant transfer application will be relevant which are as under:
"14- That the opposite party (the husband of applicant)is a government employee in the subordinate court of District Judge Mujaffar Nagar and having a great effect in the office of Judicial Court Mujaffar Nagar and is disturbing the proceeding of law in every manner using his effect and relation with the office bearer.
15. That the age of the parents of applicant is about 60 year above and the brother of applicant is Working a private job in Gujrat State and the distance of the District Court Mujaffar Nagar from the house of applicant is almost 150 Km. which is causing a great difficulty to the applicant to proceed her case.
16- That the behavior of the office bearer of the Court of District Mujaffar Nagar and the sub-ordinate court of the Tehsil Budhana, District Mujaffar Nagar is very bad against the applicant and applicant is suffering the physical and mental problems due to the pendency of the above mentioned case before the court of District Mujaffar Nagar.
17-That the Misc. Suit No. 1064 of 2023 (Vineet Malik Vs. Smt. Shilpa) under section 13 of Hindu Marriage Act before District Court Muzaffar Nagar filed by the opposite party no.2 is still trial on before the learned principal judge family court Muzaffar Nagar. The copy of the order sheet of Misc. Suit No. 1064 of 2023 filed by opposite party no.2 is being filed herewith and marked as Annexure No.5 to this affidavit."
11. The perusal of the paragraph nos.14, 15, 16 & 17 of the affidavit as quoted above demonstrate that prayer of the applicant for transfer of divorce proceeding from District- Muzaffarnagar to District- Baghpat is genuine.
12. It is also material to mention that opposite party/ husband has no objection to the prayer of applicant/ wife to transfer the divorce petition from Muzaffarnagar to Baghpat.
13. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Case/ Suit No.1064 of 2023 (Vineet Malik Vs. Smt. Shilpa), under Section 13 of Hindu Marriage Act pending in the Court of Principle Judge, Family Court, Muzaffarnagar is transferred to Family Court, Baghpat. The Family Court, Muzaffarnagar is directed to transmit the record of the case to Family Court, Baghpat forthwith. The family Court Baghpat is directed to decide the aforementioned proceeding of the Case/ Suit No.1064 of 2023 (Vineet Malik Vs. Smt. Shilpa), under Section 13 of Hindu Marriage Act in accordance with law after affording proper opportunity of hearing to the parties, expeditiously.
Order Date :- 11.8.2025 Rameez