Ruchi Awasthi @ Dolly Vs Saurabh Tiwari — Matrimonial and Divorce | Allahabad HC (2025)

Ruchi Awasthi @ Dolly Vs Saurabh Tiwari — Matrimonial and Divorce | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Transfer of Regular Suit No.170 of 2023 (Saurabh Tiwari versus Ruchi Tiwari @ Dolly), pending in the Court of Principal Judge, Family Court, Raebareli, to the Family Court at Lucknow.

Issue for consideration

Whether the transfer application filed by the applicant under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Regular Suit No.170 of 2023 instituted by the opposite party under Section 13 of Hindu Marriage Act, 1955 from District Raebareli to Lucknow, should be granted, given the applicant's residence in Lucknow with her parents after separation and her lack of any independent source of income.

Ratio / Principle

In view of the uncontroverted averments made in the application, the judgment of the Supreme Court in N.C.V. Aishwarya versus A. S. Saravana Karthik (2022 SCC Online SC 1199), and the specific statement that the applicant does not have any independent source of income making attendance at Raebareli difficult, regular suit No.170 of 2023 (Saurabh Tiwari versus Ruchi Tiwari @ Dolly) pending in the Court of Principal Judge, Family Court, Raebareli shall stand transferred to the Family Court at Lucknow.

Key takeaways

The transfer application stands allowed.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 19, Hon'ble Manish Mathur, J. — Transfer Application (Civil) No. 4 of 2025, order dated 4.3.2025. The applicant, Ruchi Awasthi @ Dolly, moved under Section 24 of the Code of Civil Procedure, 1908 for transfer to Lucknow of Regular Suit No.170 of 2023 — a divorce suit under Section 13 of the Hindu Marriage Act, 1955 instituted by the opposite party, her estranged husband Saurabh Tiwari — pending in the Family Court at Raebareli, pleading that she resides in Lucknow with her parents after separation and lacks any independent source of income, making attendance at Raebareli difficult. By an interim order of 6.1.2025 the opposite party had been served notice and proceedings in the suit had been stayed; the objections permitted were never filed despite a stop order of 30.1.2025. Acting on the uncontroverted averments and relying on the Supreme Court judgment in N.C.V. Aishwarya versus A. S. Saravana Karthik, 2022 SCC Online SC 1199, the Court held that the suit pending before the Principal Judge, Family Court, Raebareli shall stand transferred to the Family Court at Lucknow, and allowed the application.

Neutral Citation No. - 2025:AHC-LKO:13255

Court No. - 19

Case :- TRANSFER APPLICATION (CIVIL) No. - 4 of 2025

Applicant :- Ruchi Awasthi @ Dolly Opposite Party :- Saurabh Tiwari Counsel for Applicant :- Kunwar Ravi Prakash,Neeraj Tripathi Counsel for Opposite Party :- Durgendra Kumar Tiwari

Hon'ble Manish Mathur,J.

Heard learned counsel for applicant. No one has put in appearance on behalf of opposite party.

2.Earlier vide order dated 30th January, 2025 stop order had been passed with regard to filing of objections, which have not been filed till date.

On 6th January, 2025 following order had been passed:-

"1. Heard learned counsel for applicant.

2. Issue notice to opposite party.

3. Application under Section 24 of the Code of Civil Procedure, 1908 has been filed seeking transfer of Regular Suit No.170 of 2023 instituted by opposite party under Section 13 of Hindu Marriage Act, 1955 from District Raebareli to Lucknow.

4. It has been submitted that the applicant is currently residing in Lucknow with her parents after separation and is finding it difficult to attend the proceedings in Raebareli.

5. In view of aforesaid, list this case on 30.01.2025 along with service report.

6. Objections may be filed in the meantime.

7. Till the next date of listing, proceedings in Regular Suit No.170 of 2023 (Saurah Tiwari v. Ruchi Tieari @ Dolly) under Section 13 of Hindu Marriage Act, 1955 pending in court of Additional Principal Judge, Family Court No.03 District Raebareli shall remain stayed."

In view of uncontroverted averments made in the application and in view of judgement rendered by Hon'ble the Supreme Court in the case of N.C.V. Aishwarya versus A. S. Saravana Karthik, 2022 SCC Online SC 1199 and particularly in view of specific statement that the applicant does not have any independent source of income due to which she is finding difficulty in attending the proceedings at Raebareli, the regular suit No.170 of 2023, Saurabh Tiwari versus Ruchi Tiwari @ Dolly pending in the Court of Principal Judge Family Court,

Raebareli shall stand transferred to the Family Court at Lucknow.

The application therefore stands allowed.

Order Date :- 4.3.2025 prabhat

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