Keerti Jain vs Rachit Kumar Jain — Matrimonial and Divorce | Allahabad HC (2025)

Keerti Jain vs Rachit Kumar Jain — Matrimonial and Divorce | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim relief only: proceedings in the Family Court, Baghpat Section 9 Hindu Marriage Act case (No. 506 of 2023) stayed until further orders of this Court; notice issued to the opposite party with a timetable (steps within ten days; counter affidavit within six weeks; rejoinder within two weeks); hearing listed for 12.12.2025. Substantive decision on transfer deferred.

Issue for consideration

Whether the proceeding under Section 9 of the Hindu Marriage Act initiated by the opposite party-husband and pending before the Principal Judge, Family Court, Baghpat should be transferred to a competent court at Meerut, given the pendency of other cases between the parties at Meerut.

Ratio / Principle

Until further orders of this Court, further proceedings in Case No. 506 of 2023 (Rachit Kumar Jain v. Smt. Keerti Jain) under Section 9 of the Hindu Marriage Act pending before the Principal Judge, Family Court, Baghpat were ordered to remain stayed.

Key takeaways

Notice was ordered to be issued to the opposite party, returnable at an early date; steps within ten days; counter affidavit within six weeks; rejoinder affidavit within two weeks thereafter; and the matter was listed for 12.12.2025.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Chandra Kumar Rai, J.), Transfer Application (Civil) No. 682 of 2025 (Keerti Jain v. Rachit Kumar Jain), Court No. 37, decision dated 12 September 2025. Applicant sought transfer of the proceeding under Section 9 of the Hindu Marriage Act (Case No. 506 of 2023, Rachit Kumar Jain v. Smt. Keerti Jain) initiated at the instance of the opposite party-husband, pending before the Principal Judge, Family Court, Baghpat, to a competent court at Meerut, citing pendency of other cases between the parties at Meerut and averments in paragraphs 10 to 13 of the supporting affidavit. The Court heard learned counsel for the applicant, found the matter to require consideration, issued notice to the opposite party (returnable at an early date, steps within ten days, counter affidavit within six weeks, rejoinder within two weeks thereafter), listed the matter for 12.12.2025, and, until further orders, stayed further proceedings in the Baghpat case. No substantive ruling on the transfer was made at this stage; no precedent was cited.

HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CIVIL) No. - 682 of 2025

Keerti Jain

.....Applicant(s)

Versus

Rachit Kumar Jain	.....Opposite Party(s)
Counsel for Applicant(s)	: Amar Jeet Upadhyay
Counsel for Opposite Party(s)	:

Court No. - 37

HON'BLE CHANDRA KUMAR RAI, J.

Heard learned counsel for the applicant.

2.. Learned counsel for the applicant submitted that proceeding under Section 9 of Hindu Marriage Act initiated at the instance of the opposite party-husband in the Family Court, Baghpat should be transferred from the Court of Principal Judge Family Court Baghpat to the competent court at Meerut in view of the pendency of the cases between the parties at Meerut as well as in view of the averment made in paragraph Nos.10 to 13 of the affidavit filed in support of the instant transfer application.

Matter requires consideration.

Issue notice to the opposite party, returnable at an early date.

Steps within ten days.

Opposite party shall file counter affidavit within six weeks.

Rejoinder affidavit will be filed within two weeks thereafter.

List this matter on 12.12.2025.

Until further orders of this Court, further proceeding of Case

TACL No. 682 of 2025

2

No.506 of 2023 (Rachit Kumar Jain Vs. Smt. Keerti Jain) under Section 9 of the Hindu Marriage Act, pending before Principal Judge Family Court, Baghpat shall remain stayed.

September 12, 2025 PS*/Vandana

(Chandra Kumar Rai,J.)

Digitally signed by :- VANDANA YADAV High Court of Judicature at Allahabad