Allahabad High Court
Vaishali Kushwaha Alias Reetu Kushwaha vs Virendra Kumar Kushwaha on 6 August, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:134496 Court No. - 37 Case :- TRANSFER APPLICATION (CIVIL) No. - 686 of 2024 Applicant :- Vaishali Kushwaha Alias Reetu Kushwaha Opposite Party :- Virendra Kumar Kushwaha Counsel for Applicant :- Prashant Drivedi Counsel for Opposite Party :- Raj Kumar Kesari Hon'ble Chandra Kumar Rai,J.
1. Heard learned counsel for the applicant and Mr. Raj Kumar Kesari, learned counsel for the opposite party.
2. Brief facts of the case are that applicant is wife and opposite party is husband. Proceeding of matrimonial case No.717 of 2024 initiated by opposite party-husband under Section 13 of the Hindu Marriage Act having parties (Virendra Kumar Kushwaha vs. Vaishali Kushwaha) is pending in the Court of Principal Judge Family Court Allahabad (Prayagraj) and an Execution Case No.41 of 2022 filed by the applicant under Section 128 Cr.P.C. is pending before the Court of Principal Judge, Family Court, Kaushambi. Applicant has also filed a complaint case No.368 of 2021 under Sections 498A, 323 I.P.C. and 3/4 D.P. Act at Kaushabmi. Applicant along with her daughter is residing in her father' house at Kaushambi.
3.The instant transfer application has been filed with the following prayer:-
"It is therefore, most Respectfully prayed that this Hon'ble Court may kindly be pleased to allow the present transfer application and transfer the Suit No.717 of 2024 (Virendra Kumar Kushwaha Vs. Vaishali Kushwaha) under Section 13 of Hindu Marriage Act from the Court of Principal Judge, Family Court, Allahabad to the Court of Principal Judge, Family Court, Kaushambi otherwise the applicant shall suffer irreparable loss and injury which cannot be compensated in any manner whatsoever.
It is further prayed that this Hon'ble Court may also be pleased to stay the further proceedings of the suit No.717 of 2024 (Virendra Kumar Kushwaha Vs. Vaishali Kushwaha) under Section 13 of Hindu Marriage Act pending in the Court of Principal Judge, Family Court, Allahabad during the pendency of the p resent transfer application before this Hon'ble Court."
4. This Court entertained the matter on 19.09.2024 and stayed the further proceeding of the divorce Case. The order dated 19.09.2024 is quoted as under:
"1. Heard learned counsel for the applicant.
2. The present transfer application has been filed by the applicant seeking transfer of case No.717 of 2024 (Virendra Kumar Kushwaha Vs. Vaishali Kushwaha), pending in the court of Principal Judge, Family Court, Allahabad to the competent court at Kaushambi.
3. It is submitted by learned counsel for the applicant that the applicant alongwith her child is residing with her parents. It is further submitted that three cases are pending between the parties at Kaushambi. It is further submitted that the distance from Allahabad to Kaushambi is more than 75 kilometers and she has no source of income to meet the litigation expenses and other expenses which is to be incurred in travelling from Kaushambi to Allahabad to contest the case instituted by opposite party at Allahabad on each and every date fixed in the matter. It is further submitted that no amount towards maintenance has been paid to the applicant. It is further submitted that financial condition of the applicant is not good to do pairvi in the case. It is also submitted that balance of convenience also lays in favour of the applicant, and if the case is allowed to be proceeded at Allahabad, she would suffer serious prejudice.
4 . Matter requires consideration.
5. Issue notice to respondent/opposite party, returnable at an early date.
6. Steps by both modes i.e. ordinary post as well as R.P./A.D. be taken for service of notice upon respondent/opposite party.
7. Opposite party is granted four weeks' time to file counter affidavit. Four weeks, thereafter, is allowed to the applicant to file rejoinder affidavit.
8. List this case on 14.11.2024.
9. Until further orders of this Court, further proceeding of Case No.717 of 2024 (Virendra Kumar Kushwaha Vs. Vaishali Kushwaha), pending in the court of Principal Judge, Family Court, Allahabad shall remain stayed.
10. If steps are not taken within the aforesaid period, the matter shall be listed under Chapter XII Rule 4 of the Allahabad High Court Rules immediately after expiry of ten days. "
5. Learned counsel for the applicant submitted that Matrimonial Case No. 717 of 2024 (Virendra Kumar Kushwaha Vs. Vaishali Kushwaha) under Section 13 of the Hindu Marriage Act, 1955 initiated by the opposite party-husband should be transferred from the Family Court Allahabad (Prayagraj) to the competent court at Kaushmbi. He further placed reliance upon the averment made in paragraph Nos.19, 20, 21, 22 and 23 of the affidavit filed in support of the application.
6. Mr. Raj Kumar Keshari, learned counsel for the opposite party submitted that opposite party/ husband has no objection to the prayer made by learned counsel for the applicant.
7. I have considered the arguments advanced by the learned counsel for the parties and perused the record.
8. There is no dispute about the fact that proceeding under Section 13 of the Hindu Marriage Act, 1955 initiated by opposite party/ husband is pending before family Court at Allahabad(Prayagraj).
9. In order to appreciate the controversy involved in the matter perusal of paragraph Nos.19, 20, 21, 22 and 23 of the affidavit filed in support of instant transfer application will be relevant which are as under:
"19. That applicant is reading at her parental house Village Pindara Sahabanpur, Post Karan, District Kaushambi. The distance from Village Pindara Sahabanpur, Post Karari, District Kaushambi to District Court of Allahabad is about 75 Kilometers away which is clearly evident from the letter msued by the Gram Pradhan namely Mohd. Khalik of Village Pindara Sahabanpur, Post Karari, District Kaushambi, dated 08.08.2024. True copy of letter issued by the Gram Pradhan namely Mohd. Khallk of Village Pindara Sahabanpur, Post Karan, District Kaushambi dated 08.08.2024 is being filed herewith and marked as ANNEXURE NO, 9 to this affidavit.
20. That the applicant es innocent lady The husband of the applicant and in-laws of the applicant are bully type of persons. The applicant has already filed a Complaint Case No. 368 of 2021, Reetu Kuman Vs. Virendra and others, under Sections 4964, 323 LPC and D.P. Act, Police Station Karari District Kaushambs before the learned court below, District Kaushambi against the opposite party and his family members wording torturing and deesanding of dowry front her under Section 498-A, 323-1PC and Section 3/4 of DP ACT.
21. That it is relevant to mention here that all the cases filed by the applicant against the opposite party and his family members is running on District court of District Kaushambi The Suit No. 717 of 2024 (Virendra Kumar Kushwaha Vs. Vaishali Kushwaha) pending before the the Principal Judge, Family Court, Allahabad filed by the opposite party against the applicant is the only to harass mentally, physically, economically to the applicant.
22. That the applicant is residing with her child and parents at Village Pindara Sahabanpur, Post Karari, District Kaushambi and she has no source of income for the traveling expenses and the counsel fee in District Allahabad (Prayagraj).
23. That the distance from Kaushambi to Allahabad is about 75 Kilometers away. The applicant cannot suffer such a high distance being a helpless lady because the applicant having the minor child, and her parents are very old and suffering from several old age diseases. The applicant and her parents have no income source."
10. After perusal of the paragraphs Nos. 19, 20, 21, 22 and 23 of the affidavit filed in support of the instant application as quoted above, this Court found that the prayer of the applicant/wife to transfer the case from Allahabad to Kaushambi is genuine. It is also material to mention that opposite party/ husband has no objection to the prayer of transfer made by applicant/wife.
11. Considering the entire facts and circumstances of the case, the instant transfer application is allowed. The proceeding of Case No. 717 of 2024 (Virendra Kumar Kushwaha Vs. Vaishali Kushwaha) under Section 13 of Hindu Marriage Act pending in the Court of Principal Judge, Family Court, Allahabad is transferred to Family Court, District-Kaushambi. The Family Court, Allahabad is directed to transmit the record of the case to family Court Kaushambi. The family Court Kaushambi is directed to decide the aforementioned proceeding of theCase No.717 of 2024 (Virendra Kumar Kushwaha Vs. Vaishali Kushwaha) under Section 13 of Hindu Marriage Act , 1955 in accordance with law expeditiously.
Order Date :- 6.8.2025 PS*