Smt. Manju Devi vs Principal Judge, Family Court… — Matrimonial and Divorce | Allahabad HC (2025)

Smt. Manju Devi vs Principal Judge, Family Court… — Matrimonial and Divorce | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim directions only: notice to opposite party no. 2 returnable at an early date; steps for service of notice within seven working days; matter to be put up as fresh on 17.11.2025. The prayer for transfer under Section 24 CPC was not decided.

Issue for consideration

Whether the divorce proceedings in Case No. 412 of 2025 (Kaushal Kumar v. Manju Devi) under Section 13(1)(a) of the Hindu Marriage Act, pending before Additional Principal Judge-8, Family Court, Lucknow, should be transferred under Section 24 CPC to a court of equivalent jurisdiction at District Lakhimpur Kheri, given the applicant-wife's permanent residence and employment there and the approx. 180 km distance from Lucknow.

Court's answer

Notice to be issued to opposite party no. 2, returnable at an early date.

Ratio / Principle

Steps for service of notice to be taken within seven working days.

Key takeaways

The transfer application to be put up as fresh on 17.11.2025.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 20 | Transfer Application (Civil) No. 270 of 2025 | Smt. Manju Devi v. Principal Judge, Family Court, Lucknow & Anr. | Order dated October 16, 2025 | Coram: Syed Qamar Hasan Rizvi, J. INTERIM ORDER — TRANSFER PRAYER UNDECIDED. The applicant-wife, permanently residing at Lakhimpur Kheri and working as a Government Teacher in a Composite School at Village Keshwapur, Block/Tehsil Lakhimpur (District Kheri), applied under Section 24 CPC for transfer of divorce proceedings — Case No. 412 of 2025 (Kaushal Kumar v. Manju Devi), instituted by the husband under Section 13(1)(a) Hindu Marriage Act — from Additional Principal Judge-8, Family Court, Lucknow (almost 180 kms from her residence) to a court of equivalent jurisdiction at Lakhimpur Kheri, contending the case was lodged at Lucknow to harass her. Only the applicant's counsel was heard; counsel for the opposite parties is unlisted. The Court ordered notice to opposite party no. 2 returnable at an early date, directed service steps within seven working days, and listed the matter as fresh for 17.11.2025. No decision on the merits of transfer; no precedent cited.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

TRANSFER APPLICATION (CIVIL) No. - 270 of 2025

Smt. Manju Devi

.....Applicant(s)

Versus

Principal Judge, Family Court, Lucknow And Another

.....Opposite Party(s)

Counsel for Applicant(s) : Jalaj Kumar Gupta Counsel for Opposite Party(s) :

Court No. - 20

HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard Sri J.K. Gupta, learned Counsel for the applicant.

The present application under Section 24 of C.P.C. has been preferred by the applicant for transfer of proceedings of Case No. 412 of 2025 (Kaushal Kumar Vs. Manju Devi), filed by the opposite party no. 2 under Section 13(1)(a) of the Hindu Marriage Act, from the Court of Additional Principal Judge-8, Family Court, Lucknow to the Court of equivalent jurisdiction at District Lakhimpur Kheri.

The contention of the learned counsel appearing on behalf of the applicant is that the applicant is permanently residing at Lakhimpur Kheri and the permanent residence of the opposite party no. 2-husband is also at Lakhimpur Kheri. He further submits that the aforesaid case under Section 13 of the Hindu Marriage Act has been filed by the applicant at Lucknow just to harass the applicant. The applicant is a working lady and is presently posted as a Government Teacher in Composite School, situated at Village Keshwapur Block and Tehsil-Lakhimpur District Kheri. He further submits that the applicant being a lady is facing serious difficulty in pursuing the case at Lucknow, which is almost 180 Kms. away from her residence, as such, she wants the transfer of the case from Lucknow to Lakhimpur Kheri.

Issue notice to opposite party no. 2, returnable at an early date.

Steps for service of notice be taken within seven working days.

Put up this case on 17.11.2025 as fresh.

October 16, 2025 Arun

(Syed Qamar Hasan Rizvi,J.)

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