Allahabad High Court

SMT. PRERNA RANAversusPARIKSHIT RANA

Decided: 13 May 2026
Bench: Y K SRIVASTAVA

Holding

The transfer of the matrimonial suit to the Family Court, Shahjahanpur, is allowed under Section 24 of the CPC.

Summary

The applicant, Smt. Prerna Rana, filed a transfer application under Section 24 of the CPC seeking to move a matrimonial suit (Case No. 1583 of 2023) filed under Section 13 of the Hindu Marriage Act from the Family Court in Muzaffarnagar to the Family Court in Shahjahanpur. She contended that she resides with her child at her parental home in Muzaffarnagar, has no income, and would face severe hardship and prejudice if required to travel to Shahjahanpur for proceedings. The opposite party, represented by counsel, filed a counter‑affidavit stating that it had no objection to the transfer. The High Court, relying on its recent decisions in Akansha Saxena v. Shikhar Saxena and Arju @ Vimal v. Umakant Parasar, emphasized the need to consider the wife’s convenience and the overarching principle of justice under Section 24 CPC. Finding the applicant’s hardship genuine and the parties’ consent, the Court exercised its power under Section 24 CPC and ordered the transfer of the case to Shahjahanpur. Directions were issued for the record to be transmitted and for the transferee court to continue the matter expeditiously.

Issues considered

Whether Section 24 of the Code of Civil Procedure can be invoked to transfer a matrimonial suit for the convenience of the wife.
Whether the consent of both parties and the alleged hardship of the applicant justify the transfer of the case to another family court.

Legislation cited

Code of Civil Procedure, 1908 — s. 24
Hindu Marriage Act, 1955 — s. 13

Subjects

transfer of suit
Section 24 CPC
family court jurisdiction
Hindu Marriage Act
convenience of wife
consent of parties
judicial discretion

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

TRANSFER APPLICATION (CIVIL) No. - 415 of 2025

Smt. Prerna Rana
.....Applicant(s)
Versus
Parikshit Rana
.....Opposite Party(s)

Counsel for Applicant(s) : Jai Kishan, Vipin Kumar
Counsel for Opposite Party(s) : Aditya Krishnatreya, Amit Krishna, Mihir
Ghosh Roy

Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.

Heard Sri Jai Kishan, learned counsel for the applicant and Sri Amit
Krishnatreya, 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 Case
No. 1583 of 2023 (Prikshit Rana vs. Prerna), under Section 13 of the
Hindu Marriage Act, 1955 from the Court of the Principal Judge, Family
Court, Muzaffarnagar to the Principal Judge, Family Court,
Shahjahanpur.

The order-sheet of the case indicates that on 18.07.2025 when the case
was taken up, this Court, upon considering the submissions made on
behalf of the applicant that after the marriage of the applicant with the
opposite party, applicant along with her child is living at her parental
home in district Muzaffarnagar which is far away from Shahjahanpur, the
applicant has no source of income to meet the expenses to be incurred in
travelling from Shahjahanpur to Muzaffarnagar to contest the case
instituted by the opposite party, and if the case was allowed to proceed at
Muzaffarnagar, she would suffer serious prejudice, directed issuance of
notice and stayed the further proceedings of the matrimonial suit.

Learned counsel for the opposite party submits that although counter
affidavit has been filed, he has instructions to state that the opposite party
has no objection to the transfer of the case to Shahjahanpur, as sought by
the applicant.
TACL No. 415 of 2025
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 Case No. 1583 of 2023 (Prikshit Rana vs. Prerna),
under Section 13 of the Hindu Marriage Act, 1955, are hereby withdrawn
from the Court of the Principal Judge, Family Court, Muzaffarnagar and
transferred to the Court of the Principal Judge, Family Court,
Shahjahanpur.

(ii) The Principal Judge, Family Court, Muzaffarnagar is directed to
transmit the entire case record to the Transferee Court at District
Shahjahanpur 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 14, 2026
Imroz

Digitally signed by :-
MOHAMMAD IMROZ KHAN
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…