Smt. Varsha Goyal vs Abhishek Kumar Goyal — Domestic Violence | Allahabad HC (2025)

Smt. Varsha Goyal vs Abhishek Kumar Goyal — Domestic Violence | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim order: further proceedings of Marriage Petition No.162 of 2025 pending before the Principal Judge, Family Court, Agra stayed until further orders of this Court; notice issued to the opposite party (service by ordinary post and R.P./A.D. within ten days; four weeks for counter affidavit); matter listed for hearing on 30.07.2025. The transfer application itself remains pending adjudication.

Issue for consideration

Whether Marriage Petition No.162 of 2025 (Abhishek Kumar Goyal Vs. Smt. Varsha Goyal), under Section 13 of Hindu Marriage Act, pending before the Principal Judge, Family Court, Agra, should be transferred to the Principal Judge, Family Court, Amroha.

Court's answer

Until further orders of this Court, further proceedings of Marriage Petition No.162 of 2025 (Abhishek Kumar Goyal Vs. Smt. Varsha Goyal), under Section 13 of Hindu Marriage Act, pending before the Principal Judge, Family Court, Agra shall remain stayed.

Ratio / Principle

Notice was ordered to be issued to the respondent/opposite party, returnable at an early date.

Key takeaways

Service of notice upon the respondent/opposite party by both modes, i.e. ordinary post as well as R.P./A.D., to be taken within ten days.ratio¶6
The opposite party was granted four weeks' time to file a counter affidavit.ratio¶7
The matter was ordered to be listed on 30.07.2025.ratio

Detailed headnote1 paragraphs

Interim order of the High Court of Judicature at Allahabad (Hon'ble Saral Srivastava, J.) in Transfer Application (Civil) No. 382 of 2025 filed by Smt. Varsha Goyal (applicant-wife) seeking transfer of Marriage Petition No. 162 of 2025 (Abhishek Kumar Goyal Vs. Smt. Varsha Goyal), under Section 13 of the Hindu Marriage Act, pending before the Principal Judge, Family Court, Agra, to the Principal Judge, Family Court, Amroha. Grounds urged by counsel: the applicant resides with her aged parents at Amroha, has no source of income to meet litigation and travel expenses, no maintenance is being paid by the opposite party, and two proceedings instituted by her at Amroha (one under Section 125 of Cr.P.C. and another under Section 12 of the Domestic Violence Act) are already pending. Finding that the matter requires consideration, the Court ordered notice to the opposite party returnable at an early date, with service by ordinary post and R.P./A.D. within ten days, gave the opposite party four weeks to file a counter affidavit, listed the matter for 30.07.2025, directed listing under Chapter XII Rule 4 of the Allahabad High Court Rules if steps were not taken within ten days, and stayed further proceedings of the Agra marriage petition until further orders.

Court No. - 2

Case :- TRANSFER APPLICATION (CIVIL) No. - 382 of 2025

Applicant :- Smt. Varsha Goyal Opposite Party :- Abhishek Kumar Goyal Counsel for Applicant :- Ishwar Chandra Tyagi

Hon'ble Saral Srivastava,J.

Heard learned counsel for the applicant.

The present application has been filed by the applicant-wife seeking transfer of Marriage Petition No.162 of 2025 (Abhishek Kumar Goyal Vs. Smt. Varsha Goyal), under Section 13 of Hindu Marriage Act pending in the Court of Principal Judge, Family Court, Agra to the Court of Principal Judge, Family Court, Amroha.

It is submitted by the learned counsel for the applicant that two proceedings; one under Section 125 of Cr.P.C. and another under Section 12 of Domestic Violence Act have been instituted by the applicant against the opposite party at Amroha whereas opposite party has instituted the divorce petition at Agra. It is submitted that the applicant is residing with her aged parents at Amroha and applicant has no source of income to meet the litigation expenses and other expenses which is to be incurred in travelling from Amroha to Agra to contest the case instituted by opposite party at Agra on each and every date fixed in the matter. It is further submitted that no amount towards maintenance is being paid to the applicant by the opposite party. Thus, the submission is that if the case is allowed to be proceeded at Agra, applicant would suffer serious prejudice.

Matter requires consideration.

Issue notice to respondent/opposite party returnable at an early date.

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 within ten days.

Opposite party is granted four weeks time to file counter affidavit.

List on 30.07.2025.

In case 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.

Until further orders of this Court, further proceeding of Marriage Petition No.162 of 2025 (Abhishek Kumar Goyal Vs. Smt. Varsha Goyal), under Section 13 of Hindu Marriage Act pending in the Court of Principal Judge, Family Court, Agra shall remain stayed.

Order Date :- 29.5.2025 Sattyarth

Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad