Neha Vs Principal Judge, Family Court, Barabanki and Another — Allahabad HC (2025) — LawSathi Research

Neha Vs Principal Judge, Family Court, Barabanki and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Transfer of Matrimonial Case No. 555 of 2024 in re: Mohd Musa Vs. Neha from the Court of the Principal Judge, Family Court, Barabanki to the competent Court of District, Lucknow, within four weeks from the date of receipt of a certified copy of the order.

Issue for consideration

Whether the application under Section 24 CPC for transfer of Matrimonial Case No. 555 of 2024 (Mohd Musa v. Neha) from the Principal Judge, Family Court, Barabanki to the competent Court of District, Lucknow should be allowed, having regard to the applicant-lady's circumstances (minor child in her care, difficulty of pairvi at Barabanki) and the principle that the convenience of the lady should be kept in mind in matrimonial proceedings.

Court's answer

Relying on the Apex Court judgments 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, this Court allowed the present transfer application.

Ratio / Principle

Matrimonial Case No. 555 of 2024 (Mohd Musa v. Neha) is to be transferred from the Court of the learned Principal Judge, Family Court, Barabanki to the competent Court of District, Lucknow, in accordance with law, within a period of four weeks from receipt of a certified copy of the order.

Detailed headnote1 paragraphs

Transfer Application (Civil) No. 261 of 2024, Allahabad High Court, Lucknow Bench (Court No. 5), Abdul Moin J., order dated 17.3.2025: Applicant Neha, under Section 24 CPC, sought transfer of Matrimonial Case No. 555 of 2024 (Mohd Musa v. Neha) from the Principal Judge, Family Court, Barabanki to the competent Court of District, Lucknow, stating that the marriage (solemnized 15.02.2015) had produced a minor son of about four years residing with her, that she was turned out of the matrimonial home in May 2024 and resides in Lucknow, that she has no source of income, and that as a lady she would find it difficult to conduct pairvi at Barabanki. Reliance was placed on Neelam Pathak v. Alok Kumar Bharti, (2004) 13 SCC 687 and Pratibha Khemka v. Sanjay Kumar Khemka, (2004) 13 SCC 686, laying down that the convenience of the lady should be kept in mind in matrimonial proceedings. Despite notice deemed sufficiently served (Office Report dated 08.01.2025), opposite party no.2 did not respond and the Court proceeded ex-parte. Holding the lady's convenience decisive, the Court allowed the application and directed the transfer within four weeks of receipt of a certified copy of the order.

Neutral Citation No. - 2025:AHC-LKO:15684

Court No. - 5

Case :- TRANSFER APPLICATION (CIVIL) No. - 261 of 2024

Applicant :- Neha Opposite Party :- Principal Judge, Family Court, Barabanki And Another

Counsel for Applicant :- Shamshad Ahmad Khan,Huma Khan

Hon'ble Abdul Moin,J.

Heard learned counsel for the applicant.

Despite the notice having been issued to opposite party no.2, nobody has responded on his behalf. As per the Office Report dated 08.01.2025, the service of notice is deemed sufficient upon the opposite party no.2. Thus, this Court proceeds ex-parte against him.

Instant application under Section 24 CPC has been filed praying for transfer of Matrimonial Case No. 555 of 2024 in re: Mohd Musa Vs. Neha from the Court of learned Principal Judge, Family Court, Barabanki to the competent Court of District, Lucknow.

Contention of learned counsel for the applicant is that the marriage of the applicant and the opposite party no.2 was solemnized on 15.02.2015. On account of the marriage, they have a minor son presently aged about four years residing with the applicant.

It is stated that since from beginning there was a dispute between the parties on account of which the applicant was thrown out of her house in May, 2024 and she is residing with her minor child in District - Lucknow.

It is contended that as the applicant has no source of income to do the pairavi of the case in Barabanki, therefore, she wants to transfer the case to District - Lucknow. Placing reliance 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 , learned counsel for the applicant argues that the Apex Court has categorically laid down that the convenience of the lady should be kept in mind in matrimonial proceedings.

Nobody has responded on behalf of the opposite party no. 2 as such this Court has gone through the pleadings on record with the assistance of learned counsel for the applicant.

From perusal of records, it emerges that Instant application under Section 24 of the Civil Procedure Code has been filed for transfer of Matrimonial Case No. 555 of 2024 in re: Mohd Musa Vs. Neha from the Court of learned Principal Judge, Family Court, Barabanki to the competent Court of District, Lucknow. The reasons indicated in the application for transfer of the case are to the effect that (a) applicant has a minor child to take care of, and (c) applicant being a lady would find it difficult to do pairvi of case in Barabanki.

Accordingly, keeping in view the aforesaid discussions 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 Matrimonial Case No. 555 of 2024 in re: Mohd Musa Vs. Neha be transferred from the Court of learned Principal Judge, Family Court, Barabanki to the competent Court of District, Lucknow, in accordance with law, within a period of four weeks from the date of receipt of a certified copy of this order.

Order Date :- 17.3.2025 Mohit Singh/-

E-Court

Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench