Allahabad High Court
SMT. NEETU PRAJAPATIversusLAVKUSH PRAJAPATI
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The transfer of the divorce petition to the Family Court, Varanasi is permitted.
Summary
The applicant, Neetu Prajapati, filed a transfer application under Section 24 of the CPC seeking to move her divorce petition (filed under Section 13(1)(1Ka)(1Kha) of the Hindu Marriage Act) from the Family Court in Deoria to the Family Court in Varanasi. Both parties expressed a desire for an amicable settlement and the opposite party submitted that it had no objection to the transfer. The court, referring to its recent judgments emphasizing the convenience of the wife in matrimonial matters, considered the consent of the parties and the hardship pleaded by the applicant. It held that the ends of justice were served by allowing the transfer. Accordingly, the transfer application was allowed, directing the Deoria court to transmit the case record to Varanasi within fifteen days and the Varanasi court to continue the proceedings expeditiously.
Issues considered
- Whether a matrimonial suit may be transferred under Section 24 of the CPC when both parties consent and for the convenience of the wife
Legislation cited
- Code of Civil Procedure, 1908 — s. 24
- Hindu Marriage Act, 1955 — s. 13(1)(1Ka)(1Kha)
Subjects
- transfer of suit
- Section 24 CPC
- Hindu Marriage Act
- family court
- matrimonial law
- consent of parties
- convenience of wife
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 299 of 2023
Smt. Neetu Prajapati
.....Applicant(s)
Versus
Lavkush Prajapati
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashok Kumar Tripathi (Now Ashok
Tripathi), Manvendra Dixit
Counsel for Opposite Party(s) : Shambhavi Nandan
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
Heard Sri Chandra Dubey, holding brief of Sri Manvendra Dixit, learned
counsel for applicant and Sri Shambhavi Nandan, learned counsel for the
opposite party.
Present application has been preferred by the Applicant-wife under
Section 24 of the Code of Civil Procedure, 1908, seeking transfer of
Divorce Petition No. 748 of 2022 (Lavkush Prajapati vs. Neetu Prajapati),
filed under Section 13(1)(1Ka)(1Kha) of the Hindu Marriage Act, 1955
from the Court of the Principal Judge, Family Court, Deoria to the
Principal Judge, Family Court, Varanasi.
It is pointed out that on the basis of the submissions of the learned counsel
for the applicant, notices were issued by the order dated 05.04.2023.
Subsequently, on 03.05.2023, counsel appearing for both the parties
submitted that the parties had expressed their desire for amicable
settlement of the dispute and in view of said submissions, an order was
passed staying further proceedings of the divorce petition.
Today, upon the case being taken up, counsel appearing for the opposite
party submits that no counter affidavit is proposed to be filed by the
opposite party and he has instructions to state that the opposite party does
not object to the transfer of the case to Varanasi, as sought by the
applicant.
TACL No. 299 of 2023
2
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.
In view of the aforesaid discussions, 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, Civil Misc. Transfer Application is allowed with the
following directions:
(i) The proceedings of Divorce Petition No. 748 of 2022 (Lavkush
Prajapati vs. Neetu Prajapati), filed under Section 13(1)(1Ka)(1Kha) of
the Hindu Marriage Act, 1955, are hereby withdrawn from the Court of
the Principal Judge, Family Court, Deoria and transferred to the Court of
the Principal Judge, Family Court, Varanasi.
(ii) The Principal Judge, Family Court, Deoria is directed to transmit the
entire case record to the Transferee Court at District Varanasi 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.)
May 5, 2026
Imroz
Digitally signed by :-
MOHAMMAD IMROZ KHAN
High Court of Judicature at Allahabad
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