Allahabad High Court
Smt. Nidhi SinghversusPrincipal Judge, Family Court, Lucknow and Another
- Decided
- Disposal
- Dismissed on merits/Rejected
- Bench
- PANKAJ BHATIA
Holding
The court allowed the recall of the dismissal order and granted the transfer of the case to the District Moradabad court.
Summary
Smt. Nidhi Singh filed an application under Section 24 of the Code of Civil Procedure seeking transfer of a family court case (No. 2162 of 2022) from the Principal Judge, Family Court, Lucknow to the equivalent court at District Moradabad. An earlier order dated 13‑11‑2024 had dismissed the transfer application for want of prosecution. The applicant then moved an application for recall of that order, which the court found the cause shown sufficient and allowed, thereby restoring the matter to its original file. On hearing the parties, the court considered the inconvenience faced by the applicant and allowed the transfer application. Consequently, the pending proceedings were ordered to be transferred to the Moradabad court. The order was dated 20‑5‑2025.
Issues considered
- What is the appropriate procedure for recalling an order dismissing a transfer application under Section 24 CPC?
- Whether the transfer of the family court case from Lucknow to Moradabad should be permitted in view of the applicant's inconvenience.
Legislation cited
- Code of Civil Procedure, 1908 — s. 24
Subjects
- transfer of suit
- Section 24 CPC
- family court
- recall of order
- want of prosecution
- inconvenience
Judgment
Neutral Citation No. - 2025:AHC-LKO:29646
Court No. - 6
Case :- TRANSFER APPLICATION (CIVIL) No. - 166 of
2022
Applicant :- Smt. Nidhi Singh
Opposite Party :- Principal Judge, Family Court, Lucknow
And Another
Counsel for Applicant :- Vikas Pandey,Sandeep Kumar Singh
Counsel for Opposite Party :- Anuj Dayal
Hon'ble Pankaj Bhatia,J.
Order on I.A. No.3 of 2024
1. The present application has been filed seeking recall of the
order dated 13.11.2024 whereby, the transfer application was
dismissed for want of prosecution.
2. The cause shown is sufficient.
3. The application is allowed.
4. The order dated 13.11.2024 is recall and the matter is
restored to its original file and number.
Order on Main Petition
5. Heard learned Counsel for the applicant and Mohd. Imran
Khan, learned Counsel for the opposite party.
6. The present application under Section 24 of C.P.C. has been
preferred by the applicant for transfer of Case No.2162 of 2022
(Vinay Mohan Srivastava vs Smt. Nidhi Singh Rajput) from the
Principal Judge, Family Court, Lucknow to the equivalent court
at District Moradabad.
7. Considering the inconvenience being faced by the applicant-
wife, the present application is allowed. The proceedings
pending in the Court of Principal Judge, Family Court,
Lucknow are transferred to the equivalent court at District
Moradabad.
Order Date :- 20.5.2025
akverma
Digitally signed by :-
ASHOK KUMAR VERMA
High Court of Judicature at Allahabad,
Lucknow Bench
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