Allahabad High Court
SOHANI SINGHversusSRI GOPAL KRISHNA GUPTA
- Decided
- Bench
- Y K SRIVASTAVA
Holding
The transfer of the matrimonial suit to the Family Court, Kanpur Nagar is allowed.
Summary
The applicant, Sohani Singh, filed a transfer application under Section 24 of the CPC seeking to move a matrimonial suit (Case No. 379 of 2019) filed under Section 13 of the Hindu Marriage Act from the Family Court in Moradabad to the Family Court in Kanpur Nagar. She alleged that she was forced out of the matrimonial home due to dowry demands, was financially dependent on her siblings, and faced harassment through the petition. The opposite party did not object to the transfer. The court, relying on recent precedents emphasizing the convenience of the wife and the principle that transfers should serve the ends of justice, found the applicant’s hardship sufficient to justify the move. Consequently, the court ordered the case to be transferred to Kanpur Nagar and directed the transmission of the record. The transfer was ordered to be executed expeditiously.
Issues considered
- Whether a transfer of a matrimonial suit under Section 24 CPC is warranted when the wife faces hardship and the opposite party consents.
- Whether the convenience of the wife and the ends of justice justify the exercise of transfer power in this case.
Legislation cited
- Code of Civil Procedure, 1908 — s. 24
- Hindu Marriage Act, 1955 — s. 13
Subjects
- transfer of suit
- family court
- section 24 CPC
- section 13 HMA
- dowry harassment
- convenience of wife
- matrimonial dispute
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 615 of 2021
Sohani Singh
.....Applicant(s)
Versus
Sri Gopal Krishna Gupta
.....Opposite
Party(s)
Counsel for Applicant(s) : Shrinath
Counsel for Opposite Party(s) : Ashutosh Kumar Singh, Dewendra
Singh, Shabana Nizam
Court No. - 35
HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J.
Heard Sri Shrinath, learned counsel for the applicant and Sri Ashutosh
Kumar Singh, 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. 379 of 2019 (Sri Gopal Krishna Gupta vs. Smt. Sohani Singh), under
Section 13 of the Hindu Marriage Act, 1955 from the Court of the
Principal Judge, Family Court, Moradabad to the Principal Judge, Family
Court, Kanpur Nagar.
The order-sheet of the case indicates that on 22.11.2021, 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 was solemnized in the year 2018, there arose a matrimonial
dispute and consequently the applicant was residing at her parental home
at Kanpur Nagar, directed issuance of notice and stayed the further
proceedings of the matrimonial case.
Contention of the counsel for the applicant is that on the one hand
applicant was forced to leave her matrimonial home for demand of dowry
and on the other hand, he has filed a case under Section 13 of the Hindu
Marriage Act in order to harass the applicant. It is further contended that
applicant having no source of income is fully dependent upon her brother
and sister, and the complaint case no. 6629 of 2019 and complaint case
no. 8770 of 2019 are stated to be pending at Kanpur Nagar.
TACL No. 615 of 2021
2
Counsel appearing for the opposite party, without admitting the
allegations made by the applicant, has very fairly submitted that he has
instructions to state that the opposite party does not object to the transfer
of the case to Kanpur Nagar, as sought by the applicant.
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. 379 of 2019 (Sri Gopal Krishna Gupta
vs. Smt. Sohani Singh), under Section 13 of the Hindu Marriage Act,
1955, are hereby withdrawn from the Court of the Principal Judge, Family
Court, Moradabad and transferred to the Court of the Principal Judge,
Family Court, Kanpur Nagar.
(ii) The Principal Judge, Family Court, Moradabad is directed to transmit
the entire case record to the Transferee Court at District Kanpur Nagar
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
Checking your session…