ORDER : Transfer Petition (Civil) No.3255 of 2023 1. The marriage between the petitioner, Kirti Singh, and the respondent, Dhananjay Lakshmikant Singh, was solemnized on 20th November, 2021. No child is born to them from such wedlock. However, after marriage, the parties have since drifted apart owing to differences arising by and between them. 2. The respondent has instituted proceedings under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, bearing M.P. No.52 of 2023 titled "Dhananjay Lakshmikant Singh V. Kirti Dhananjay Singh" before the court of the Civil Judge, Senior Division, Kalyan, Thane, Maharashtra. 3. On the multiple grounds urged in the petition, the petitioner has sought for transfer of the aforesaid proceedings from the court of the Civil Judge, Senior Division, Kalyan, Thane, Maharashtra to the court of the Principal Judge, Family Court at Varanasi, Uttar Pradesh. 4. We have heard Mr. Satyaveer Singh, learned counsel appearing for the petitioner as well as Mr. Shreeyash U Lalit, learned counsel appearing for the respondent. 5. We are satisfied, having regard to the inconvenience the petitioner is likely to face if the proceedings were continued in the court of the Civil Judge, Senior Division, Kalyan, Thane, Maharashtra, which is at a distance of around 1400 kms from her present place of residence, that interest of justice demands grant of the prayer for transfer. 6. Hence, the transfer petition is allowed. M.P. No.52 of 2023 titled "Dhananjay Lakshmikant Singh V. Kirti Dhananjay Singh" pending before the court of the Civil Judge, Senior Division, Kalyan, Thane, Maharashtra is transferred to the court of the Principal Judge, Family Court at Varanasi, Uttar Pradesh. Records of M.P. No.52 of 2023 be transferred to the transferee court immediately. 7. To avoid delay, the parties are directed to appear before the transferee court on 12th February, 2025. If any or both the parties fail to appear on that day, the presiding officer of the transferee court will fix another date of appearance. Thereafter, he shall be free to proceed in accordance with law. 8. The presiding officer shall endeavour to bring about a settlement between the parties through the process of mediation. If the process is unsuccessful, nothing shall preclude the presiding officer to take the proceedings to its logical conclusion on its merits and in accordance with law. 9.
Thereafter, he shall be free to proceed in accordance with law. 8. The presiding officer shall endeavour to bring about a settlement between the parties through the process of mediation. If the process is unsuccessful, nothing shall preclude the presiding officer to take the proceedings to its logical conclusion on its merits and in accordance with law. 9. If the respondent is unable to attend the proceedings in person on any occasion, he will be at liberty to seek permission to attend through the virtual mode and if such a permission is sought, the presiding officer of the court may proceed to consider it reasonably. 10. Pending application(s), if any, shall stand disposed of. Transfer Petition (Civil) No.2231/2024, Transfer Petition (Criminal) No.707/2024 and Transfer Petition (Criminal) No.897/2024 11. We see no reason to entertain these transfer petitions, filed by Dhananjay Lakshmikant Singh, seeking transfer of (i) Marriage Petition No.52 of 2023 titled "Dhananjay Lakshmikant Singh Vs. Kirti Singh" pending in the court of the Civil Judge, Senior Division, Kalyan, Thane, Maharashtra, (ii) Criminal Misc. Case No.2696 of 2023 titled "Kirti Singh Vs. Dhananjay Singh" pending before the Chief Judicial Magistrate, Varanasi, Uttar Pradesh and (iii) Sessions Trial No.367 of 2023 titled "State V. Subhash Singh & Ors." pending in the Court of the Additional Sessions Judge-07, Varanasi, Uttar Pradesh, to the Tis Hazari Court, Delhi. 12. The transfer petitions are, accordingly, dismissed.