Priyanka Singh vs Raghvendra Singh — Matrimonial and Divorce | Allahabad HC (2025)

Priyanka Singh vs Raghvendra Singh — Matrimonial and Divorce | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Transfer of Regular Suit No.3787 of 2023 (under Section 13 of the Hindu Marriage Act) from the Principal Judge, Family Court, Lucknow to the Principal Judge, Family Court, District Balrampur; costs made easy.

Issue for consideration

Whether the petition under Section 24 CPC should be allowed, i.e., whether Regular Suit No.3787 of 2023 (Priyanka Singh Vs. Raghvendra Singh) under Section 13 of the Hindu Marriage Act pending before the Principal Judge, Family Court, Lucknow should be transferred to the appropriate court in District Balrampur.

Court's answer

Ends of justice can be met by transferring Regular Suit No.3787 of 2023 pending before the Principal Judge, Family Court at Lucknow to the Principal Judge, Family Court in District Balrampur, the Court having regard to the Apex Court dictum that in matrimonial litigation a transfer petition at the behest of the wife must be considered liberally and her preference given precedence.

Key takeaways

Direction to the transferee court: upon receipt of the records and copy of the order, it shall afford full opportunity of hearing to the parties but without granting unnecessary adjournments, and decide the matter as expeditiously as possible.obiter¶12

Detailed headnote1 paragraphs

Transfer Application (Civil) No. 274 of 2024 | Neutral Citation No. 2025:AHC-LKO:22772 | High Court of Judicature at Allahabad, Lucknow Bench (Court No. 8) | Hon'ble Jaspreet Singh, J. | Order Date 22.4.2025. Applicant-wife Priyanka Singh (counsel: Brijesh Kumar Pandey, Saumya Shukla, Swatantra Dev) sought transfer, under Section 24 CPC, of Regular Suit No.3787 of 2023 (Priyanka Singh Vs. Raghvendra Singh) under Section 13 of the Hindu Marriage Act from the Principal Judge, Family Court, Lucknow to the appropriate court in District Balrampur. Parties married on 11.02.2022; a child was born; after unsubstantiated allegations by the respondent the petitioner left the matrimonial home with her infant child and, being employed as a nurse following her nursing course at Lucknow, found it infeasible to contest the proceedings at Lucknow. The opposite party (respondent) put in no appearance and filed no objection despite sufficient notice; by order dated 02.04.2025 the Court had observed the matter would be heard in the respondent's absence. Relying on the dictum of the Apex Court in Leena Mukherjee Vs. Rabi Shankar Mukherjee, 2002 (10) SCC 480; Pratibha Khemka Vs. Sanjay Kumar Khemka, 2004 (13) SCC 686; Neelm Kanwar Vs. Devinder Singh Kanwar, 2000 (1) SCC 589; and N.C.V. Aishwarya Vs. A.S. Saravana Karthik, 2022 SCC OnLine SC 1199 - that in matrimonial litigation a transfer petition at the behest of the wife must be considered liberally and her preference given precedence - the Court found that ends of justice would be met by transferring the suit to the Principal Judge, Family Court, District Balrampur, directing the transferee court to afford full opportunity of hearing without unnecessary adjournments and to decide expeditiously. Petition allowed; costs made easy.

Neutral Citation No. - 2025:AHC-LKO:22772

Court No. - 8

Case :- TRANSFER APPLICATION (CIVIL) No. - 274 of 2024

Applicant :- Priyanka Singh Opposite Party :- Raghvendra Singh Counsel for Applicant :- Brijesh Kumar Pandey,Saumya Shukla,Swatantra Dev

Hon'ble Jaspreet Singh,J.

Heard the learned counsel for the petitioner.

By means of the instant petition preferred under Section 24 CPC the petitioner seeks transfer of Regular Suit No.3787 of 2023 (Priyanka Singh Vs. Raghvendra Singh) under Section 13 of Hindu Marriage Act pending before the Principal Judge, Family Court, Lucknow to the appropriate court in District Balrampur.

The record indicates that the notices were issued to the respondent, however, despite sufficient notice, none has put in appearance nor any objection has been filed. This was noticed by this Court in its order dated 02.04.2025 and it was observed that in case if none appeared,the matter will be heard in absence of the respondent. Despite the same none has appeared on behalf of the respondent nor any objection has been filed.

The Court has proceeded to hear the counsel for the petitioner who submits that the petitioner and the respondent were married on 11.02.2022. A child was born from the said wedlock, however, the respondent made unsubstantiated allegations against the petitioner on account of the aforesaid, the petitioner had to leave her matrimonial home alongwith her infant child. In such circumstances, the petitioner who at the relevant time was undertaking a nursing course at Lucknow initiated proceedings before the Principal Judge, Family Court at Lucknow. The petitioner has now joined as a nurse in the community centre and in such circumstances, it is not feasible for the petitioner to contest the proceedings in District Lucknow

especially with her infant child and her job and the petitioner is trying to make her ends meet.

Considering the aforesaid and noticing the dictum of the Apex Court in the case of Leena Mukherjee Vs. Rabi Shankar Mukherjee reported in 2002 (10) SCC 480 , in the case of Pratibha Khemka Vs. Sanjay Kumar Khemka reported in 2004 (13) SCC 686 , in the case of Neelm Kanwar Vs. Devinder Singh Kanwar reported in 2000 (1) SCC 589 and in the case of N.C.V. Aishwarya Vs. A.S. Saravana Karthik reported in 2022 SCC OnLine SC 1199 wherein it has been held that in matrimonial litigation, a transfer petition at the behest of the wife must be considered liberally and her preference be given precedence.

This Court finds that ends of justice can be met by transferring Regular Suit No.3787 of 2023 pending before the Principal Judge, Family Court at Lucknow to the Principal Judge Family Court in District Balrampur. The transferee court shall upon receipt of the records and the copy of this order shall after affording full opportunity of hearing to the parties but without granting any unnecessary adjournment to decide the matter as expeditiously as possible.

With the aforesaid, the petition is allowed. Costs are made easy.

Order Date :- 22.4.2025 ank

Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench