Allahabad High Court
SMT. PREETI DEVIversusMANOJ KUMAR @ MONU
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The transfer of the matrimonial suit to the Family Court at Fatehpur is justified under Section 24 CPC, given the applicant's hardship, the consent of the opposite party, and the need to subserve the ends of justice.
Summary
The applicant, Smt. Preeti Devi, filed a transfer application seeking to move a matrimonial suit (Case No. 2945 of 2023) filed under Section 9 of the Hindu Marriage Act, 1955, from the Family Court in Kanpur Nagar to the Family Court in Fatehpur. She alleged hardship in attending proceedings in Kanpur because she resides with her aged parents in Fatehpur, has no independent income, and is simultaneously pursuing a domestic‑violence case under Section 12 of the Protection of Women from Domestic Violence Act, 2005 in Fatehpur. The opposite party consented and raised no objection to the transfer. The court examined its power under Section 24 of the Civil Procedure Code, citing recent decisions that emphasize the convenience of the wife and the overarching principle that justice must be served. Finding the applicant’s hardship genuine and the parties’ consent clear, the court exercised its power under Section 24 CPC and ordered the transfer of the matrimonial suit to Fatehpur. The order also directed the Kanpur court to transmit the case record within fifteen days and instructed the transferee court to continue the proceedings expeditiously.
Issues considered
- Whether a matrimonial suit under Section 9 of the Hindu Marriage Act may be transferred to another court on the ground of the applicant's hardship and convenience.
- Whether Section 24 of the Civil Procedure Code authorises such a transfer when both parties consent.
- Whether the existence of a pending domestic‑violence case in the proposed forum influences the transfer decision.
Legislation cited
Subjects
- transfer of suit
- Hindu Marriage Act
- domestic violence
- Section 24 CPC
- jurisdiction
- convenience of wife
- dowry harassment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 149 of 2025
Smt. Preeti Devi
.....Applicant(s)
Versus
Manoj Kumar @ Monu
.....Opposite
Party(s)
Counsel for Applicant(s) : Manvendra Singh
Counsel for Opposite Party(s) : Arun Kumar Pandey
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
Heard Sri Shashwat Singh, holding brief of Sri Manvendra Singh, learned
counsel appearing for the applicant and Sri Arun Kumar Pandey, learned
counsel appearing for the opposite party.
Present application has been filed, seeking transfer of Case No.2945 of
2023 (Manoj Kumar @ Monu vs. Smt. Preeti Devi) under Section 9 of the
Hindu Marriage Act, 1955 from the Court of Additional Principal Judge,
Family Court, Court No.2, Kanpur Nagar to a Court of competent
jurisdiction at Fatehpur.
Upon considering the facts of the case and the inconvenience pleaded on
behalf of the applicant that she was facing problems in attending the
proceedings of the aforesaid case at Kanpur Nagar, this Court on
7.5.2025, directed issuance of notice to the opposite party and stayed the
further proceedings of the aforesaid case.
It has been pleaded that the marriage of the applicant was solemnized
with opposite party on 29.5.2022. The applicant was thereafter subjected
to cruelty and harassment for demand of dowry and was forced to leave
her matrimonial home. The applicant is presently residing with her aged
parents at Fatehpur.
The applicant has asserted that she has no independent source of income
and, therefore, she would face grave hardship in contesting the
proceedings at Kanpur Nagar.
Case No.463 of 2024 under Section 12 of the Protection of Women from
Domestic Violence Act, 2005 filed by the applicant is stated to be
pending before the concerned Court at Fatehpur.
TACL No. 149 of 2025
2
Counsel for the opposite party, on instructions, submits that the opposite
party does not intend to file any counter affidavit and has 'no objection' to
the case being transferred from Kanpur Nagar to Fatehpur.
This Court, in its recent decisions in Smt. Akansha Saxena v. Shikhar
Saxena, 2026 (3) ADJ 104 and Smt. Arju @ Vimal v. Umakant
Parasar, 2026 (3) ADJ 66 has observed that in matrimonial cases, the
convenience of the wife must be looked into; the cardinal principle for
exercise of power under Section 24 CPC being that the ends of justice
should be subserved.
Having regard to the aforesaid and particularly in view of the hardship
that has been pleaded by the applicant and the categorical "No Objection"
expressed on behalf of the opposite party, this Court is of the considered
opinion that the present case is a fit one for exercise of power under
Section 24 CPC. The transfer sought, being by consent of the parties and
in furtherance of justice, deserves to be allowed.
Accordingly, the Civil Misc. Transfer Application is allowed with the
following directions :
(i) The proceedings of Case No.2945 of 2023 (Manoj Kumar @ Monu vs.
Smt. Preeti Devi) under Section 9 of the Hindu Marriage Act, 1955, are
hereby withdrawn from the Court of the Additional Principal Judge,
Family Court, Court No.2, Kanpur Nagar and transferred to the Court of
the Principle Judge, Family Court, Fatehpur.
(ii) The Additional Principal Judge, Family Court, Court No.2, Kanpur
Nagar is directed to transmit the entire case record to the Transferee Court
at District Fatehpur, within fifteen days from the date of receipt of a
certified copy of this order.
(iii) The Transferee Court shall proceed with the matter from the stage at
which it was transferred and shall endeavor to conclude the proceedings
expeditiously.
(Dr. Yogendra Kumar Srivastava,J.)
September 18, 2026
RKK/-
Digitally signed by :-
RAJ KUMAR KANNAUJIA
High Court of Judicature at Allahabad
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