Allahabad High Court
SMT. ABHILASHA TIWARIversusASHISH CHAUBEY
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The transfer of the matrimonial suit to the Family Court, Ballia, is permitted.
Summary
Smt. Abhilasha Tiwari filed a transfer application seeking to move her matrimonial suit (Section 13 of the Hindu Marriage Act) from the Family Court in Varanasi to the Family Court in Ballia, citing hardship in attending proceedings due to lack of income and distance. The opposite party, Ashish Chaubey, consented to the transfer. The court examined the convenience of the wife, the consent of both parties, and the power under Section 24 of the CPC to ensure justice. Citing recent decisions emphasizing the wife's convenience, the court found the applicant’s hardship justified relocation. Consequently, the transfer application was allowed, directing the Varanasi court to send the case record to Ballia and the Ballia court to continue the proceedings expeditiously.
Issues considered
- Whether a matrimonial suit under Section 13 of the Hindu Marriage Act may be transferred under Section 24 of the CPC on the ground of the applicant's hardship and the consent of the parties.
- Whether the convenience of the wife is a relevant factor in exercising the power of transfer.
Legislation cited
Subjects
- transfer of suit
- matrimonial jurisdiction
- Section 13 Hindu Marriage Act
- Section 24 CPC
- convenience of wife
- dowry harassment
- domestic violence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 454 of 2026
Smt. Abhilasha Tiwari
.....Applicant(s)
Versus
Ashish Chaubey
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanjay Singh, Yashwant Singh
Counsel for Opposite Party(s) : Ashwini Kumar, Ganesh Shanker
Srivastava, Rakesh Chandra
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
Heard Sri Sanjay Singh, learned counsel appearing for the applicant and
Sri Ashwini Kumar, learned counsel appearing for the opposite party.
Present application has been filed, seeking transfer of Case No.165 of
2026 (Ashish Chaubey vs. Smt. Abhilasha Tiwari) under Section 13 of
the Hindu Marriage Act, 1955 from the Court of Principal Judge, Family
Court, Varanasi to a Court of competent jurisdiction at Ballia.
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 Varanasi, this Court on 7.8.2026,
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 28.11.2023. The applicant was thereafter subjected
to torture and harassment for demand of dowry and was ousted from her
matrimonial home on 11.2.2026. The applicant is presently residing with
her aged parents at Ballia.
The applicant has asserted that she has no independent source of income
and, therefore, she would face grave hardship in contesting the
proceedings at Varanasi.
It is submitted that the cases filed by the applicant under Section 144 of
BNSS and under the Protection of Women from Domestic Violence Act,
2005 are stated to be pending before the Courts of competent jurisdiction
at District Ballia.
TACL No. 454 of 2026
2
Counsel appearing for the opposite party, on instructions, submits that the
opposite party has 'no objection' to the case being transferred from
Varanasi to Ballia.
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, Civil Misc. Transfer Application is allowed with the
following directions:
(i) The proceedings of Case No.165 of 2026 (Ashish Chaubey vs. Smt.
Abhilasha Tiwari) under Section 13 of the Hindu Marriage Act, 1955, are
hereby withdrawn from the Court of the Principal Judge, Family Court,
Varanasi and transferred to the Court of the Principle Judge, Family
Court, Ballia.
(ii) The Principal Judge, Family Court, Varanasi is directed to transmit
the entire case record to the Transferee Court at District Ballia 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 11, 2026
RKK/-
Digitally signed by :-
RAJ KUMAR KANNAUJIA
High Court of Judicature at Allahabad
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