Allahabad High Court
Monika Rani vs Family Court Baghpat And Another on 4 August, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:130557 Court No. - 37 Case :- TRANSFER APPLICATION (CIVIL) No. - 604 of 2019 Applicant :- Monika Rani Opposite Party :- Family Court Baghpat And Another Counsel for Applicant :- Ajay Kumar Jagdish,Paritosh Sukla Hon'ble Chandra Kumar Rai,J.
1. Heard Mr. Ajay Kumar Jagdish, learned counsel for the applicant.
2. Brief facts of the case are that proceeding between the parties are already pending in the District Baghpat. The proceeding under Section 13 of the Hindu Marriage Act has been initiated by opposite party/ husband at District Muzaffarnagar. The instant application has been filed for the following prayer:-
"It is therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and transfer the petition No. 559 of 2018 (Satish Kumar Vs. Smt Monika Rani) under Section 13 of the Hindu Marriage Act pending before Family Court Baghpat to District Muzaffarnagar or any nearest District from Baghpat otherwise the applicant shall suffer an irreparable loss and injury."
3. Counsel for the applicant submitted that in view of the proceeding already pending between the parties at Muzaffarnagar, the subsequent proceeding initiated by opposite party/ husband should be transferred from Baghpat to Muzaffarnagar. He further placed the averment made in paragraph Nos. 15 and 16 of the affidavit filed in the instant transfer application in order to demonstrate that the proceeding under Section 13 of the Hindu Marriage Act should be transferred from Baghpat to Muzaffarnagar.
4. I have considered the arguments advanced by learned counsel for the applicant and perused the records.
5. There is no dispute about the fact that proceedings are pending between applicant and opposite party at District Muzaffarnagar and subsequent proceeding initiated under Section 13 of the Hindu Marriage Act by opposite party/ husband is pending at Baghpat.
6. Nobody has put in appearance on behalf of opposite party in spite of the repeated steps taken on behalf of the applicant.
7. The perusal of paragraph Nos. 15 and 16 of the affidavit filed in support of the instant application will be relevant which are as under:-
"15. That it is also relevant to mention here that the several difficulties for attend the Family Court Baghpat to the applicant due to this reason she wants to transfer the present case.
16. That at present time son of the applicant is seriously ill at treatment is going on at G.B. Pant Hospital New Delhi and two cases under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act in case crime No. 84 of 2018 and section domestic violence is pending at Muzaffarnagar."
8. Considering the averment made in paragraph Nos.15 and 16 of the affidavit filed in support of the instant transfer application as quoted above coupled with the fact that there is no denial of the averment made in paragraph nos. 1 to 19 of the affidavit by the opposite party, the case for transfer of the proceeding under Section 13 of the Hindu Marriage Act from Baghpat to Muzaffarnagar is made out.
9. The instant transfer application is allowed and the proceeding of case No. 559 of 2018 (Satish Kumar Vs. Smt. Monika Rani) under Section 13 of the Hindu Marriage Act pending before Family Court Baghpat is transferred to the Family Court, Muzaffarnagar. The Family Court, Baghpat is directed to transmit the record of the case No. 559 of 2018 (Satish Kumar Vs. Smt Monika Rani) forthwith to the Family Court, Muzaffarnagar. The Family Court, Muzaffarnagar is directed to decide the case No. 559 of 2018 (Satish Kumar Vs. Smt Monika Rani) after affording opportunity of hearing to the parties expeditiously.
Order Date :- 4.8.2025 Vandana Y.