Allahabad High Court
NEHA GARGversusRAJNEESH GIRI
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The transfer of the matrimonial suit to the Varanasi Family Court is allowed under Section 24 CPC.
Summary
Neha Garg, an assistant professor at Banaras Hindu University residing in Varanasi with her two minor children, filed a transfer application under Section 24 of the CPC seeking to move her matrimonial divorce suit (Case No. 97 of 2023) from the Allahabad Family Court to the Varanasi Family Court. The court had earlier stayed proceedings due to her difficulty traveling to Allahabad. The opposite party, Rajneesh Giri, filed a counter‑affidavit but expressly stated no objection to the transfer. Citing recent judgments emphasizing the wife’s convenience and the overarching principle of justice, the Allahabad High Court held that the transfer was appropriate. Consequently, the court ordered the withdrawal of the case from Allahabad and its transfer to Varanasi, directing the transmission of records and urging expeditious continuation of proceedings.
Issues considered
- Whether a matrimonial suit may be transferred from one family court to another under Section 24 of the Code of Civil Procedure, 1908, considering the convenience of the wife and the consent of both parties.
Legislation cited
- Code of Civil Procedure, 1908 — s. 24
- Hindu Marriage Act, 1955 — s. 13
Subjects
- transfer of suit
- Section 24 CPC
- Hindu Marriage Act
- family court jurisdiction
- convenience of wife
- matrimonial proceedings
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 586 of 2023
Neha Garg
.....Applicant(s)
Versus
Rajneesh Giri
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashish Mohan Srivastava
Counsel for Opposite Party(s) : Ranjan Dhwaj Tiwari
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
Heard Sri Ramesh Kumar Pandey, learned Advocate holding brief of Sri
Ashish Mohan Srivastava, counsel for the applicant and Sri Ranjan Dhwaj
Tiwari, learned counsel appearing 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
Matrimonial Case No. 97 of 2023 (Rajneesh Giri Vs. Neha Garg),
instituted under Section 13 of the Hindu Marriage Act, 1955, from the
Court of the Principal Judge, Family Court, Allahabad to the Court of the
Principal Judge, Family Court, Varanasi.
The order-sheet of the case indicates that on 21.7.2023, when the case
was taken up, the Court considered the submission that the applicant was
an Assistant Professor in Banaras Hindu University, residing with her two
minor children at Varanasi, and it was difficult for her to travel to
Allahabad. Further, considering the submission that if the case is allowed
to proceed at Allahabad, she would suffer serious prejudice, a direction
was made for issuance of notice and further proceedings of the divorce
suit were stayed.
Counsel appearing for the opposite party has very fairly submitted that
although a counter affidavit has been filed but 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.
This Court, in its recent decisions in Smt. Akansha Saxena v. Shikhar
TACL No. 586 of 2023
2
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 Matrimonial Case No. 97 of 2023 (Rajneesh Giri
Vs. Neha Garg), instituted under Section 13 of the Hindu Marriage Act,
1955, are hereby withdrawn from the Court of the Principal Judge, Family
Court, Allahabad and transferred to the Court of the Principal Judge,
Family Court, Varanasi.
(ii) The Principal Judge, Family Court, Allahabad 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 6, 2026
Arun K. Singh
Digitally signed by :-
ARUN KUMAR SINGH
High Court of Judicature at Allahabad
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