IN THE HON’BLE HIGH COURT OF JUDICATURE AT

ALLAHABAD, SITTING AT LUCKNOW

CIVIL MISC. (TRANSFER) APPLICATION NO. OF 2023

Smt. Manju Srivastava, aged about 40 years, W/o Shri Atish

Srivastava, D/o Late Saket Bihari Srivastava, R/o Moholla
Kanoongopura, North Bahraich, Bahraich-271801.Current
Address:-Qtr No. 334/3 Anarwala, Garhi Cantt Dehradun
Uttarakhand-248003.
......Applicant.
Versus
1. Principal Judge, Family Court, Bahraich.

2. Shri Atish Kumar Srivastava, aged about 42 years, S/o Shri

Umesh Chandra Srivastava, R/o Moholla Kanoongopura,
North Bahraich, District Bahraich, Hall House No.129/1,
Kiran City Bhopa Road, Pargana/ Tehsil- Sadar, District-
Muzzafarnagar, Currently posted as Manager, Indian Bank
(Allahabad Bank), Branch- Nayi Mandi, Pargana/ Tehsil-
Sadar, District- Muzzafarnagar..
........Opposite Parties.

WRIT PETITION UNDER SECTION 24 OF CIVIL

PROCEDURE CODE

To,
The Hon’ble Chief Justice and his other Hon’ble
 Companion Judges of the aforesaid Hon’ble
High Court.
The humble applicant named above most respectfully
begs to submit as under:-

1. That the applicant declares that this is the first transfer

application being filed by her, no other transfer application
regarding the present subject matter or cause of action has
previously been filed before this Hon’ble Court either at
Allahabad or at Lucknow.

2. That the applicant got married on 03.12.2007 with the

opposite party No. 2 according Hindu Rites and rituals and
after marriage being solemnized the applicant came to the
house of her husband the opposite party No. 2 and started
to reside with her husband/ Opp. party no.2 and started to
perform her duties as wife.

3. That the Opp. party no.2 after consuming alcohol drinks

used to beat the applicant regularly and used to harass the
applicant on regular basis mentally and physically but due
to future of her young children the applicant bear all the
torture and harassment upon her by the Opp. party no.2.

4. That out of the wedlock of the applicant and Opp. party

no.2, three (3) children were born namely Arthav
Srivastava, aged about 14 years, Poorva Srivastava, aged
about 13 years, Ashi Srivastava, aged about 10 years.

5. That the Opp. party no.2 used to pressurize the applicant to

consume alcohol along with him too.
6. That the Opp. party no.2 is in a transferable service and
posted in District- Muzzafarnagar currently. When the Opp.
party no.2 was posted in District- Sitapur, he got involved in
an illicit & physical relationship with a widow lady namely
Ruchi Srivastava. The Opp. party no.2 and the applicant
were living on rent in the house of the said widow woman
were also the Opp. party no.2 continuously harassed the
applicant physically and mentally on regular basis. The Opp.
party no.2 on 04.02.2022 lodged a FIR No. 45/2022 at P.S.-
Nayi Mandi, District- Muzzafarnagar U/S 307, 120-B IPC
against the applicant based upon a false and fabricated
story.

7. That it is worthwhile to mention here that the applicant was

granted bail in the above mention case by learned Session
Judge, Muzzafarnagar on 11.05.2022 in Bail Application no.
1641/2022 bearing computerized no. UPMZ010031722022.
The photocopy of the bail order is being annexed here as
Annexure No.1 to this Transfer Application.

8. That in May 2022 the applicant went to her In Laws house

to get few of her things but instead the Opp. party no.2, her
Father in Law namely Umesh Srivastava, Mother in Law
namely Sushila Srivastava and other persons from her In
Laws family abused her and beat her. The applicant was
saved by her brothers but the family of her In Laws along
with the Opp. party no.2 snatched away her belongings and
threw her out of the house threatening her that if she
returned back they would kill her.
9. That the applicant filed application U/S 125 Cr.P.C. for
maintenance bearing Case No. 662 of 2022 in the Family
Court No.1, District- Muzzafarnagar in which the learned
Family was pleased the order dated 21.08.2023 to allow the
maintenance of Rs.9000/- to the applicant. The certified
copy and photocopy of the order dated 21.08.2023 is being
annexed here as Annexure No.2 to this Transfer
Application.

10. That the proceeding U/S 13 of Hindu Marriage Act

instituted by the opposite party No. 2 is nothing but a ploy
to pre-empt his family members from nemesis of ill
treatment and cruelty meted out to the applicant. There is
no honestly or sincerity on the part of opposite party No. 2
is in institution of aforesaid proceeding and taking the
applicant to her matrimonial home nor has he or his family
members ever made any sincere effort to take the applicant
and live aside with her in a conjugal condition. The certified
copy of memo and photocopy of the proceeding U/S 13 of
Hindu Marriage Act filed by the Opp. party no.2 is being
annexed here as Annexure No.3 to this Transfer
Application.

11. That it is worthwhile to mention here that the case U/S 13

of Hindu Marriage Act filed by the Opp. party no.2 was listed
and called on 02.01.2023 where the plaintiff was present
but the applicant could not reach the Court on time due to
long distance travelling of about 590 kms. and the applicant
was declared absent and an ex-parte order was issued and
the case was ordered to be put up on 17.01.2023. The order
 dated 02.01.2023 is being annexed here as Annexure No.4
to this Transfer Application.

12. That the applicant’s has been living with her real younger
brother since last 2 years in Dehradun, Uttarakhand the
opposite party No. 2 has not paid a single penny to the
applicant as maintenance of Rs. 9000/- which was ordered
to be paid to her U/S 125 Cr.P.C. She has no independent
source of income of her own to bear travelling and litigation
expenses, she has wholly depend upon her younger brother.
She is financially under hardship to meet out any expense.

13. That the opposite party No. 2 is working on the post of Chief
Manager in Indian Bank (Allahabad Bank) and earning
around Rs.1,40,000/- per month in dependently apart from
his family income from his father and ancestral property
situated at Bahraich.

14. That the applicant stays in Dehradun, Uttarakhand and her

younger brother is in Indian Army and there is none to
accompany her to Bahraich to attend the date used to be
fixed by the court in the proceeding U/S 13 of the Hindu
Marriage Act in the court of Principal Judge Bahraich. It is
inconvenient unsafe for her to travel in public transport and
attend the court at Bahraich which is about 590 Kms. away
from Dehradun where she is presently residing.

15. That the opposite party No. 2 always used to threatened by

telephonically for coming Bahraich as such it is also danger
if she comes to Bahraich for pairvi her case.
16. That the Hon’ble Supreme Court in the case reported in
2002 SC396 (Sumita Vs. Kumar Sanjay) and 2009 AIR SCW
1347 Fatima Vs. Jafri Syed Husain (Parvez) has transfer the
cases taking into account the age and convenience of the
wife where she used to reside.

17. That in view of above facts and circumstances, it is most

humbly submitted that this Hon’ble Court may graciously be
pleased to transfer the Case No. 462 of 2022 Atish Kumar
Srivastava Vs. Smt. Manju Srivastava pending before
Principal Judge Family Court, Bahraich to the Court of
Learned Principal Judge, Family Court, Muzzafarnagar,
which is much near to her place of residence and she can
attend her case proceeding without any fear or pressure,
otherwise the applicant shall suffer irreparable loss and
injuries.

PRAYER

It is, therefore, most respectfully prayed that this Hon’ble Court

may graciously be pleased to transfer the Case No. 462 of 2022

Atish Kumar Srivastava Vs. Smt. Manju Srivastava pending

before Principal Judge Family Court, Bahraich to the Court of

Learned Principal Judge, Family Court, Muzzafarnagar in the

interest of justice.
 Any other order or direction which this Hon’ble Court may

deem fit and proper under the circumstances of the case may also

be passed in favor of the applicant, otherwise she shall suffer

irreparable loss and injury.

LUCKNOW (Qasim Abbas Zaidi)

DATED: ,2023. ADVOCATE
A.O.R No.-B/Q0004
COUNSEL FOR THE APPLICANT
Mobile No. 9335847250
 IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, SITTING AT LUCKNOW

CIVIL MISC. (TRANSFER) APPLICATION NO. OF 2023

Manju Srivastava ...........Applicant.

Versus

Principal Judge Family Court

Bahraich & Another ...........Opposite Parties.
AFFIDAVIT
I, Smt. Manju Srivastava, aged about 40 years, W/o Shri
Atish Srivastava, R/o Moholla Kanoongopura, North Bahraich,
Bahraich-271801, Current Address:-Qtr No. 334/3 Anarwala,
Garhi Cantt Dehradun Uttarakhand-248003, Religion-Hindu,
Occupation- Jobless and Qualification-M.Sc, P.Hd., the deponent,
do hereby solemnly affirm and state on oath as under:-

1. That the deponent is the applicant herself in the above

noted petition and as such she is fully conversant with the
facts and circumstances of the case deposed here under.

2. That the contents of paragraphs 1 to 6 of the accompanying

writ petition are true to my personal knowledge, and
contents of paragraph 7 to 15 are believed to be true on the
basis of information received from records and those of
paras 16 to 17 believed to be true on the basis of legal
advice.
3. That the Annexure No. 1 to 4 of the accompanying writ
petition are the true/Photostat copies of their respective
originals and are duly compared by the deponent.

LUCKNOW
DATED: , 2023. DEPONENT

VERIFICATION

I, the above named deponent do hereby verify that the contents

of paragraphs 1 to 3 of this affidavit are true to my personal
knowledge. No part of it is false and nothing material has been
concealed.
So help me God.

LUCKNOW
DATED: , 2023. DEPONENT
I, identify the deponent on the basis
of record who has signed before me.

Qasim Abbas Zaidi

ADVOCATE

Solemnly affirmed before me on

At a.m. /p.m. by the deponent, who is identified by
Qasim Abbas Zaidi, Advocate, High Court, Sitting at Lucknow.
I have satisfied myself by examining the deponent that she
understands the contents of this affidavit, which have been read
over and explained to her by me.

OATH COMMISSIONER
 IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, SITTING AT LUCKNOW

C.M. APPLICATION NO. OF 2023

Inre:
CIVIL MISC. (TRANSFER) APPLICATION NO. OF 2023

Manju Srivastava ...........Applicant.

Versus

Principal Judge Family Court

Bahraich & Another ...........Opposite Parties.

APPLICATION FOR INTERIM RELIEF

The applicant named-above, most respectfully begs to submit

as under:-

For the facts, reasons and circumstances as stated in the

accompanying writ petition duly supported by an affidavit, it is

most respectfully prayed that this Hon’ble Court may graciously

be pleased to transfer the Case No. 462 of 2022 Atish Kumar

Srivastava Vs. Smt. Manju Srivastava pending before Principal

Judge Family Court, Bahraich to the Court of Learned Principal

Judge, Family Court, Muzzafarnagar in the interest of justice

 Any other order or direction which this Hon’ble Court may

deem fit and proper under the circumstances of the case may also

be passed in favor of the applicant, otherwise she shall suffer

irreparable loss and injury.

LUCKNOW (Qasim Abbas Zaidi)

DATED: ,2023. ADVOCATE
A.O.R No.-B/Q0004
COUNSEL FOR THE APPLICANT
Mobile No. 9335847250

IN THE HON’BLE HIGH COURT OF JUDICATURE AT

ALLAHABAD, SITTING AT LUCKNOW

CIVIL MISC. (TRANSFER) APPLICATION NO. OF 2023

Manju Srivastava ...........Applicant.
Versus

Principal Judge Family Court

Bahraich & Another ...........Opposite Parties.

LIST OF DATES AND EVENTS

Dates Events
the applicant got married on 03.12.2007 with the
opposite party No. 2 according Hindu Rites and
rituals and after marriage being solemnized the
applicant came to the house of her husband the
opposite party No. 2 and started the performance of
wife
the Opp. party no.2 is in a transferable service and
posted in District- Muzzafarnagar currently. When
the Opp. party no.2 was posted in District- Sitapur,
he got involved in an illicit & physical relationship
with a widow lady namely Ruchi Srivastava. The
Opp. party no.2 and the applicant were living on rent
in the house of the said widow woman were also the
Opp. party no.2 continuously harassed the applicant
physically and mentally on regular basis. The Opp.
party no.2 on 04.02.2022 lodged a FIR No. 45/2022
at P.S.- Nayi Mandi, District- Muzzafarnagar U/S 307,
120-B IPC against the applicant based upon a false
and fabricated story
it is worthwhile to mention here that the applicant
was granted bail in the above mention case by
learned Session Judge, Muzzafarnagar on 11.05.2022
in Bail Application no. 1641/2022 bearing
computerized no. UPMZ010031722022
the applicant filed application U/S 125 Cr.P.C. for
maintenance bearing Case No. 662 of 2022 in the
Family Court No.1, District- Muzzafarnagar in which
the learned Family was pleased the order dated
21.08.2023 to allow the maintenance of Rs.9000/- to
the applicant
it is worthwhile to mention here that the case U/S 13
of Hindu Marriage Act filed by the Opp. party no.2
 was listed and called on 02.01.2023 where the
plaintiff was present but the applicant could not
reach the Court on time due to long distance
travelling of about 590 kms. and the applicant was
declared absent and an ex-parte order was issued
and the case was ordered to be put up on 17.01.2023
HENCE THIS TRANSFER APPLICATION

LUCKNOW (Qasim Abbas Zaidi)

DATED: ,2023. ADVOCATE
A.O.R No.-B/Q0004
COUNSEL FOR THE APPLICANT
Mobile No. 9335847250

CODE NO.
CATEGORY: Transfer Application
DISTRICT: Bahraich

IN THE HON’BLE HIGH COURT OF JUDICATURE AT

ALLAHABAD, SITTING AT LUCKNOW

CIVIL MISC. (TRANSFER) APPLICATION NO. OF 2023

Manju Srivastava ...........Applicant.
Versus

Principal Judge Family Court

Bahraich & Another ...........Opposite Parties.

INDEX

Sl.No. Particulars Page Nos.

1. List of Dates and Events.
2. Application for Interim Relief.
3. Memo of Transfer Application.
4. Annexure No. 1 The photocopy of the
bail order.
5. Annexure No. 2 The certified copy and
photocopy of the order dated 21.08.2023.
6. Annexure No. 3 The certified copy of
memo and photocopy of the proceeding
U/S 13 of Hindu Marriage Act filed by the
Opp. party no.2.
7. Annexure No. 4 The order dated
02.01.2023.
8. Affidavit
9. I.D Proof of Deponent.
10. Vakalatnama/Power.

LUCKNOW (Qasim Abbas Zaidi)

DATED: ,2023. ADVOCATE
A.O.R No.-B/Q0004
COUNSEL FOR THE APPLICANT
Mobile No. 9335847250