Shalini Devi Vs Mohit — Matrimonial and Divorce | Allahabad HC (2025)

Shalini Devi Vs Mohit — Matrimonial and Divorce | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Transfer Application (Civil) No. 294 of 2025 disposed of; learned Principal Judge, Family Court, Lucknow directed to expeditiously dispose of Case No.2831 of 2025 (Section 13-B, Hindu Marriage Act) strictly in accordance with law, endeavouring disposal within two months from receipt of certified copy of the order.

Issue for consideration

Whether the transfer application under Section 24 CPC for transfer of Case No.2831 of 2025 (Mohit versus Shalini Devi) from the court of Principal Judge, Family Court, Lucknow should be allowed.

Court's answer

Since the Presiding Officer had joined and the concerned court had started functioning, there was no useful purpose in keeping the transfer application pending; it was accordingly disposed of with a direction to the learned Principal Judge, Family Court, Lucknow to expeditiously dispose of Case No.2831 of 2025 strictly in accordance with law.

Ratio / Principle

Given the parties' compromise and that the matter was fixed for pronouncement of judgment, the Court directed that the concerned court endeavour to dispose of the matter within the shortest period, say within two months from the date of receipt of certified copy of this order.

Detailed headnote1 paragraphs

Transfer Application (Civil) No. 294 of 2025 under Section 24 CPC by Shalini Devi seeking transfer of Case No.2831 of 2025 (Mohit versus Shalini Devi), a petition under Section 13-B of the Hindu Marriage Act, from the court of the Principal Judge, Family Court, Lucknow. During pendency, evidence stood concluded, the parties entered into a compromise on 30.09.2025, and the matter was fixed for argument/judgment on 08.10.2025 but judgment could not be pronounced as the court became vacant. On being informed that the Presiding Officer had rejoined and the court had resumed functioning, the High Court held there was no useful purpose in keeping the application pending, disposed of it, and directed expeditious disposal of the matrimonial case strictly in accordance with law, with an endeavour to conclude within two months of receipt of certified copy. (Syed Qamar Hasan Rizvi, J.; November 19, 2025)

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

TRANSFER APPLICATION (CIVIL) No. - 294 of 2025

Shalini Devi

.....Applicant(s)

	Versus
Mohit		....	.Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Ashok Kumar Srivastava :	Srivastava,	Avinash

Court No. - 20

HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard Sri Avinash Srivastava, learned counsel for the applicant.

Ms. Pragya Bhushan, Advocate has put in her appearance on behalf of the opposite party. She submits that she will file the Vakalatnama in the Registry, during the course of the day.

By means of the instant transfer application under Section 24 of C.P.C., the applicant has prayed for transfer of the case having Case No.2831 of 2025 (Mohit versus Shalini Devi) filed under Section 13-B of the Hindu Marriage Act before the court of learned Principal Judge, Family Court, Lucknow to any other court within the jurisdiction of Family Court, Lucknow.

The submission of the learned counsel for the applicant is that the evidence in the case has already been recorded, moreover the parties have entered into a compromise on 30.09.2025. He further submits that the matter was listed for argument/judgment on 08.10.2025 but the judgment could not be pronounced as the Court became vacant.

It has been brought to the notice of the Court that now the Presiding Officer of the court has already joined and the court concerned has started functioning.

In view of above, there would be no useful purpose to keep the instant

TACL No. 294 of 2025

2

Application pending. Accordingly, the same is disposed of with a direction to the learned Principal Judge, Family Court, Lucknow to expeditiously disposed of the case having Case No.2831 of 2025 (Mohit versus Shalini Devi) filed under Section 13-B of the Hindu Marriage Act, strictly in accordance with law.

Since the parties have stated before the Court that the they have entered into a compromise and the matter was fixed for pronouncement of judgment, the Court concerned shall endeavour to dispose of the matter within shortest period of time, say within a period of two months from the date of receipt of certified copy of this order.

(Syed Qamar Hasan Rizvi,J.)

November 19, 2025 Abhishek Gupta

Digitally signed by :- ABHISHEK GUPTA High Court of Judicature at Allahabad, Lucknow Bench