Application under Section 24 CPC filed for transfer of a divorce suit from Lucknow to Basti. The court noted that three other cases between the parties were pending in Basti and transfer was ordered to avoid multiplicity of proceedings and for the convenience of the applicant.
Transfer of Regular Suit No. 3309 of 2021 from Lucknow to Basti.
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Neutral Citation No. - 2025:AHC-LKO:2509
Court No. - 19
Case :- TRANSFER APPLICATION (CIVIL) No. - 243 of 2023
Applicant :- Vartika Singh Opposite Party :- Saurabh Singh Counsel for Applicant :- Avadhesh Kumar Singh,Rajiv Srivastava Counsel for Opposite Party :- Dr. Pooja Singh,Surya Prakash Tiwari
Hon'ble Manish Mathur,J.
"1. Heard learned for the applicant.
2. This application under Section 24 of CPC has been filed for transfer of Regular Suit No.3309 of 2021 under Section 13 of Hindu Marriage Act pending in the court of Additional Principal Judge, Family Court, Court No.8, Lucknow to the court of competent jurisdiction at Basti.
3. Brief facts of the case are that the applicant is legally wedded wife of opposite party and the marriage was performed according to Hindu rites and rituals at Basti on 17.2.2009. After marriage the applicant went to her husband's house at Lucknow. Out of the said wedlock two children are born. After sometime matrimonial discord arose between them and she was ousted from her matrimonial home. It is in the aforesaid circumstances that the applicant was constrained to file case under Section 125 Cr.P.C. vide Case No.449/11/2023 before competent court at Basti; a case under Section 12 of Domestic Violence Act before Fast Track Court at Basti vide case No.535 of 2023 and also filed an F.I.R. against the respondent and his family members which was registered as F.I.R. No.0236 of 2023 under Sections 498 A, 323, 506 IPC and 3/4 of Dowry Prohibition Act at Kotwali Basti which is also pending consideration. On the other hand, opposite party also filed aforesaid original suit for dissolution of the marriage in the Court of Principal Judge, Family Court, Lucknow.
4. The applicant has further submitted that she is living with her mother at Basti where aforesaid cases filed by her are pending and the distance between Basti and Lucknow is about 200 kms. and, as such, in absence of any independent source of income it is very difficult for her along with her minor children to go to Lucknow to prosecute the said case on each and every date fixed in the matter.
5. Learned counsel for the applicant has also relied upon the case of N.C.V. AISHWARYA versus A.S. SARAVANA KARTHIK SHA, 2022 Live law (SC) 627 specially on paragraph No.s 8, 9, 10 and 11 which read as under:-
9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to considerthe plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife?s convenience which must be looked at while considering transfer.
10. Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions."
6. Having heard learned counsel for the parties and perusing the record, it is noticed that already three cases instituted by the applicant are pending before the competent courts at Basti and also that the applicant has minor children to look after also looking to the fact that the applicant has to travel from Basti to Lucknow as well as in view of the law down by Supreme Court as aforesaid, a case for transfer under Section 24 of Civil Procedure Code is made out.
7. Accordingly, issue notice to the respondent. Steps be taken within a week.
8. List on 18.1.2024.
9. Till the next date of listing, the proceedings of Case No.3309 of 2021 (Saurabh Singh Vs. Vartika Singh) under Section 13 of Hindu Marriage Act pending before Additional Principal Judge, Family Court, Court No.8, Lucknow, shall remain stayed.
Order Date :- 15.1.2025 kvg/-
Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the suit for dissolution of marriage pending at Lucknow should be transferred to Basti for convenience and to avoid multiplicity of proceedings?
Colour shows how this judgement treated each authority
N.C.V. Aishwarya v. A.S. Saravana Karthik ShaRelied on¶12
N.C.V. AISHWARYA versus A.S. SARAVANA KARTHIK SHA, 2022 Live law (SC) 627
6 provisions across 6 enactments
Vartika Singh
Manish Mathur
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
