Deepali Garg Vs Shivam Agarwal — Maintenance and Alimony | Allahabad HC (2024)

Deepali Garg Vs Shivam Agarwal — Maintenance and Alimony | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Transfer of Divorce Petition / Case No.424 of 2023 (Shivam Agarwal v. Deepti Garg) from the Court of Principal Judge, Family Court, Lucknow to the competent Court of District Lakhimpur Kheri within four weeks, in accordance with law.

Issue for consideration

Whether the Divorce Petition / Case No.424 of 2023 (Shivam Agarwal v. Deepti Garg) pending before the Principal Judge, Family Court, Lucknow should be transferred under Section 24 CPC to a competent Court in District Lakhimpur Kheri, having regard to the convenience of the applicant-wife.

Court's answer

Keeping in view the Apex Court decisions in Neelam Pathak and Pratibha Khemka, wherein it has been held that the convenience of the lady should be kept in mind in matrimonial proceedings, the present transfer application is allowed.

Ratio / Principle

The Divorce Petition / Case No.424 of 2023 in Re: Shivam Agarwal Vs. Deepti Garg is directed to be transferred from the Court of Principal Judge, Family Court, Lucknow to the competent Court of District Lakhimpur Kheri within four weeks, in accordance with law.

Detailed headnote1 paragraphs

Transfer Application (Civil) No. 197 of 2023 under Section 24 CPC — ALLOWED. Wife's convenience governs venue of matrimonial proceedings: divorce petition under Section 13, Hindu Marriage Act, 1955 (Case No.424 of 2023, Shivam Agarwal v. Deepti Garg) pending before the Principal Judge, Family Court, Lucknow ordered to be transferred to the competent Court at District Lakhimpur Kheri within four weeks. Reliance placed on Neelam Pathak v. Alok Kumar Bharti (2004) 13 SCC 687 and Pratibha Khemka v. Sanjay Kumar Khemka (2004) 13 SCC 686 for the principle that the convenience of the lady should be kept in mind in matrimonial proceedings. Grounds: FIR (Case Crime No.304 of 2023) and Section 125 Cr.P.C. application pending in District Kheri/Lakhimpur Kheri; applicant a single lady facing approximately 200 km travel to Lucknow for pairvi. Opposite party did not appear; service report dated 19.10.2023 deemed sufficient. Decided by Abdul Moin, J. on 29.1.2024.

Neutral Citation No. - 2024:AHC-LKO:8221

Court No. - 5

Case :- TRANSFER APPLICATION (CIVIL) No. - 197 of 2023

Applicant :- Deepali Garg Opposite Party :- Shivam Agarwal Counsel for Applicant :- Anil Kumar Mishra,Raja Babu Gupta

Hon'ble Abdul Moin,J.

Heard learned counsel for the applicant.

Nobody has put in appearance on behalf of the opposite party.

Service report dated 19.10.2023 indicates that notice on the opposite party is deemed sufficient.

Accordingly, the Court proceeds to hear and decide the matter finally.

The instant application has been filed under Section 24 of C.P.C. for transfer of the Divorce Petition / Case No.424 of 2023 in Re: Shivam Agarwal Vs. Deepti Garg filed under Section 13 of the Hindu Marriage Act, 1955 pending before the Court of Principal Judge, Family Court, Lucknow to any competent Court in District Lakhimpur Kheri.

The grounds indicated in the application for transfer are that (a) the applicant has lodged an F.I.R. against her husband and the family members in Case Crime No.304 of 2023 which is pending in District Kheri (b) the applicant has filed an application under Section 125 Cr.P.C. which is pending in District Lakhimpur Kheri and (c) the applicant being a single lady, it would be extremely difficult for her to do pairvi of her case in Lucknow which is at approximately 200 Kms. from Lakhimpur Kheri.

Reliance has been placed on the judgments of the Apex Court in the cases of Neelam Pathak vs. Alok Kumar Bharti reported in (2004) 13 SCC 687 and Pratibha Khemka vs. Sanjay Kumar Khemka reported in (2004) 13 SCC 686, to argue that the Apex Court has categorically laid down that the

convenience of the lady should be kept in mind in matrimonial proceedings.

Accordingly, keeping in view the aforesaid discussion and judgments of the Apex Court in the cases of Neelam Pathak (supra) and Pratibha Khemka (supra), wherein it has been held that the convenience of the lady should be kept in mind in matrimonial proceedings, the present application is allowed.

Let the Divorce Petition / Case No.424 of 2023 in Re: Shivam Agarwal Vs. Deepti Garg be transferred from the Court of Principal Judge, Family Court, Lucknow to the competent Court of District District Lakhimpur Kheri within four weeks, in accordance with law.

Order Date :- 29.1.2024 S. Shivhare

Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench