Allahabad High Court

SMT. PALLAVI VERMAversusSRI SACHIN VERMA

Decided: 15 September 2026
Bench: Y K SRIVASTAVA

Holding

The transfer application is allowed, and the divorce proceedings are transferred to the Family Court, Aligarh.

Summary

The applicant, Smt. Pallavi Verma, filed a transfer application under Section 13(1)(1a) of the Hindu Marriage Act, 1955, seeking to move her divorce proceedings from the Family Court in Gautam Buddh Nagar to the Family Court in Aligarh. She resides in Aligarh with her minor daughter and aged parents, has no income, and would face hardship and prejudice traveling to Gautam Buddh Nagar, especially as no maintenance is being paid. The opposite party, represented by counsel, did not object to the transfer. The High Court, relying on its recent decisions emphasizing the wife’s convenience and the principle that justice must be served, exercised its power under Section 24 of the CPC to allow the transfer. The court ordered the case to be withdrawn from Gautam Buddh Nagar and transferred to Aligarh, directing the record to be transmitted and the matter to be continued expeditiously.

Issues considered

The appropriateness of exercising power under Section 24 CPC to transfer a matrimonial suit based on the applicant's hardship and convenience.
Whether the consent of both parties suffices to justify the transfer of jurisdiction.
The suitability of transferring a divorce petition filed under Section 13(1)(1a) of the Hindu Marriage Act to another family court.

Legislation cited

Code of Civil Procedure — s. 24
Code of Criminal Procedure, 1973 — s. 125
Dowry Prohibition Act — s. 3, 4
Hindu Marriage Act, 1955 — s. 13(1)(1a)
Indian Penal Code — s. 323, 376, 498A

Subjects

transfer of suit
family court jurisdiction
Section 24 CPC
convenience of wife
maintenance
minor child
consent of parties
Hindu Marriage Act

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD
TRANSFER APPLICATION (CIVIL) No. - 779 of 2023

Smt. Pallavi Verma
.....Applicant(s)
Versus

Sri Sachin Verma
.....Opposite
Party(s)

Counsel for Applicant(s) : Dr. Akhilesh Kumar
Counsel for Opposite Party(s) : Aravind Kumar Tripathi, Hemant
Kumar, Ravi Pandey

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

Heard Sri Akhilesh Kumar, learned counsel for the applicant and Sri Ravi Pandey,
learned counsel for the opposite party.

Present application has been filed, seeking transfer of Case No.1180 of 2022 (Sachin
Verma Vs. Smt. Pallavi Verma) under Section 13 (1) (1a) of the Hindu Marriage Act,
1955 from the Court of Principal Judge, Family Court, Gautam Buddh Nagar to a
Court of competent jurisdiction at Aligarh.

The order-sheet of the case indicates that on 25.9.2023, when the case was taken up,
this Court, upon considering the submissions made on behalf of the applicant that two
cases, one being under Section 125 Cr.P.C. and the other under Sections 498A, 323,
376 I.P.C. and Section 3/4 of the Dowry Probibition Act, had been filed by the
applicant against the opposite party at District Aligarh whereas the divorce petition
filed by the opposite party had been instituted at District Gautam Budh nagar, the fact
that the applicant was residing with her minor daughter with her aged parents at
Aligarh and the applicant had no source of income to meet the litigation and other
ancillary expenses for travelling from Aligarh to Gautam Budh Nagar along with her
minor daughter on the dates fixed in the matter, the submission that no amount
towards maintenance is being paid to the applicant by the opposite party and that if the
case was allowed to be proceeded at Gautam Budh Nagar, the applicant would face
serious prejudice, directed issuance of notice and stayed the further proceedings of
Case No.1180 of 2022 (Sachin Verma Vs. Smt. Pallavi Verma).

Counsel appearing for the opposite party, without admitting the allegations made by
TACL No. 779 of 2023
2

the applicant, has very fairly submitted that though he has filed a counter affidavit, he
has instructions to state that the opposite party does not object to the transfer of the
case to Aligarh, 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.

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, the Civil Misc. Transfer Application is allowed with the following
directions :

(i) The proceedings of Case No.1180 of 2022 (Sachin Verma Vs. Smt. Pallavi Verma)
under Section 13 (1) (1a) of the Hindu Marriage Act, 1955, are hereby withdrawn
from the Court of the Principal Judge, Family Court, Gautam Buddh Nagar and
transferred to the Court of the Principal Judge, Family Court, Aligarh.

(ii) The Principal Judge, Family Court, Gautam Buddh Nagar is directed to transmit
the entire case record to the Transferee Court at District Aligarh 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 16, 2026
Aiman

Digitally signed by :-
AIMAN FAROOQUI
High Court of Judicature at Allahabad

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