Smt. Juli Vs Manoj Kumar — Matrimonial and Divorce | Allahabad HC (2025)

Smt. Juli Vs Manoj Kumar — Matrimonial and Divorce | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Transfer of Divorce Petition No. 1470/23 (Manoj Kumar Vs. Smt Juli) from the Additional Principal Judge-Ist, Family Court, Lucknow to Unnao, with directions to the Family Court, Unnao to protect the opposite party's life and liberty and to permit him to appear through video conferencing wherever possible.

Issue for consideration

Whether the divorce proceedings (Divorce Petition No. 1470/23, Manoj Kumar v. Smt. Juli) pending before the Additional Principal Judge-Ist, Family Court, Lucknow should be transferred to Unnao under Section 24 C.P.C. on account of the inconvenience caused to the applicant, who had two proceedings pending at Unnao. +1 more

Court's answer

Considering both the apprehension expressed by the opposite party and the inconvenience caused to the applicant, the proceedings of Divorce Petition No. 1470/23 (Manoj Kumar Vs. Smt Juli) are transferred from the Family Court, Lucknow to Unnao.

Ratio / Principle

The Family Court at Unnao shall ensure that the life and liberty of the opposite party is protected.

Key takeaways

Wherever it is possible, the opposite party is to be given the liberty of appearing before the Family Court at Unnao through video conferencing.ratio¶9
The court observed that there is no F.I.R. on record to demonstrate that the First Information Report was got lodged by the opposite party, which informed its decision to proceed with the transfer despite his apprehension.ratio¶9

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 7) | TRANSFER APPLICATION (CIVIL) No. 102 of 2025 | Order dated 15.7.2025 | Pankabhatia Bhatia, J. (single judge). Smt. Juli (applicant, represented by Arunendra Nath Mishra) filed an application under Section 24 of C.P.C. seeking transfer of Divorce Petition No. 1470/23 (Manoj Kumar Vs. Smt Juli), filed under Section 13 of the Hindi Marriage Act (as printed in the judgment) and pending before the Additional Principal Judge-Ist, Family Court, Lucknow, to an appropriate court at Unnao, about 45 kilometres away, where two proceedings initiated by her were pending. The opposite party, Manoj Kumar, appearing in person, contended that he had been attacked by the applicant's family members in the two Unnao cases and apprehended risk to his life and liberty upon transfer. Observing that no F.I.R. lodged by the opposite party was on record, and weighing his apprehension against the inconvenience caused to the applicant, the judge transferred the divorce proceedings from Lucknow to Unnao, directing the Family Court, Unnao to ensure protection of the opposite party's life and liberty and to allow him, wherever possible, the liberty of appearing through video conferencing. With these observations/directions, the application stood disposed of.

Neutral Citation No. - 2025:AHC-LKO:40421

Court No. - 7

Case :- TRANSFER APPLICATION (CIVIL) No. - 102 of 2025 Applicant :- Smt. Juli Opposite Party :- Manoj Kumar Counsel for Applicant :- Arunendra Nath Mishra

Hon'ble Pankaj Bhatia,J.

Heard learned Counsel for the applicant and the opposite party, in person.

The present application under Section 24 of C.P.C. has been filed seeking transfer of Divorce Petition No. 1470/23 (Manoj Kumar Vs. Smt Juli) filed under Section 13 of Hindi Marriage Act and pending before the court of Additional Principal JudgeIst, Family Court Lucknow to an appropriate court at Unnao.

The submission of learned counsel for the applicant is that two proceedings initiated by the applicant are pending at Unnao and on account of inconvenience caused, it is prayed that the proceedings pending at Lucknow be transferred to Unnao, which is at a distance of about 45 Kilometers from Lucknow.

The opposite party, in person, states that in the two cases pending at Unnao, the opposite party was attacked by the family members of the applicant and thus there is an apprehension that in case the proceedings are transferred, the same may cause risk to the life and liberty to the opposite party.

There is no F.I.R. on record to demonstrate that the First Information Report was got lodged by the opposite party. However, considering the apprehension expressed and considering the inconvenience caused to the applicant, the proceedings of Divorce Petition No. 1470/23 (Manoj Kumar Vs. Smt Juli) pending before the court of Additional Principal Judge-Ist, Family Court Lucknow are transferred from Lucknow to Unnao. However, the Family Court at Unnao shall ensure that life and liberty of the opposite party is protected. The Family Court at Unnao shall also ensure that wherever it is possible, the opposite party would be given the liberty of appearing through video conferencing.

With the aforesaid observation(s)/direction(s), the application stands disposed of.

Order Date :- 15.7.2025 Arvind

Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench