Upma @ Manu Verma Vs Ashutosh Verma — Matrimonial and Divorce | Allahabad HC (2025)

Upma @ Manu Verma Vs Ashutosh Verma — Matrimonial and Divorce | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Transfer of Case No. 712 of 2024 (Section 9, Hindu Marriage Act) from the Principal Judge/Family Court, District Lakhimpur Kheri to the Principal Judge/Family Court, District Hardoi, with direction to the transferee court to provide full opportunity of hearing without unnecessary adjournments and decide the proceedings; no order as to costs.

Issue for consideration

Whether the proceedings of Case No. 712 of 2024 under Section 9 of the Hindu Marriage Act, pending before the Principal Judge/Family Court, District Lakhimpur Kheri, should be transferred to the Principal Judge, Family Court, District Hardoi. +1 more

Court's answer

The ends of justice are met by transferring the proceedings of Case No. 712 of 2024 from the Principal Judge/Family Court, District Lakhimpur Kheri to the Principal Judge/Family Court, District Hardoi, and the transferee court shall provide full opportunity of hearing to the parties without granting unnecessary adjournments and decide the proceedings.

Ratio / Principle

On the court's assessment, in the absence of a robust family support system including the petitioner's ailing father, and as the petitioner resides in District Hardoi, it was not feasible for her to contest the proceedings in District Lakhimpur Kheri.

Key takeaways

It is appropriate that proceedings of diverse nature be heard and decided at one place and together.ratio¶12

Detailed headnote1 paragraphs

Transfer Application (Civil) No. 276 of 2024, High Court of Judicature at Allahabad, Lucknow Bench (Jaspreet Singh, J.), decided 09.05.2025 - Allowed. Proceedings of Case No. 712 of 2024 under Section 9 of the Hindu Marriage Act, pending before the Principal Judge/Family Court, District Lakhimpur Kheri, ordered to be transferred to the Principal Judge/Family Court, District Hardoi. Earlier mediation before the Court's Mediation Center had failed; the respondent (husband) filed no objection and did not appear. Relying on Leena Mukherjee v. Rabi Shankar Mukherjee (2002 (10) SCC 480), Pratibha Khemka v. Sanjay Kumar Khemka (2004 (13) SCC 686), Neelm Kanwar v. Devinder Singh Kanwar (2000 (1) SCC 589) and N.C.V. Aishwarya v. A.S. Saravana Karthik (2022 SCC OnLine SC 1199) for the position that a transfer petition in matrimonial litigation at the behest of the wife must be considered liberally with her preference given precedence, and noting that the applicant-wife resides in District Hardoi with her parents and, for want of a robust family support system including an ailing father, it is not feasible for her to contest at Lakhimpur Kheri, besides the propriety of hearing proceedings of diverse nature together at one place. Transferee court directed to decide without unnecessary adjournments. No order as to costs.

Court No. - 8

Case :- TRANSFER APPLICATION (CIVIL) No. - 276 of 2024

Applicant :- Upma @ Manu Verma Opposite Party :- Ashutosh Verma Counsel for Applicant :- Bajhul Quamar Siddiqui Counsel for Opposite Party :- Manish Vaish

Hon'ble Jaspreet Singh,J.

Heard learned counsel for the applicant. None appears for the respondent.

The record indicates that earlier the parties were referred to Mediation Center of this Court however, mediation has failed, therefore, the Court vide its order dated 01.05.2025 had directed the matter to be listed today for hearing.

An opportunity was granted to the respondent to file his objections, if he also desires, however, no such objection is filed nor there is any one to press the application. However, learned counsel for the petitioner by means of the instant petition seeks transfer of the proceedings of Case no.712 of 2024 under Section 9 of the Hindu Marriage Act pending before Principal Judge/ Family Court, District Lakhimpur Kheri to Principal Judge, Family Court District Hardoi.

Submission of learned counsel for the petitioner is that the petitioner and the respondent were married on 23.11.2019, however, on account of matrimonial dispute the petitioner was turned down from her matrimonial home and now, she is residing with her parents and even during mediation the applicant has expressed her willingness for stay with the respondent but the same was failed.

Having considered the aforesaid submissions and from the perusal of the material on record, it will indicate that the proceedings under section 9 of the Hindu Marriage Act have been initiated in District Lakhimpur Kheri and it has also been stated by the petitioner and in absence of a robust family support system including her ailing father, it is not feasible for her to contest the proceedings in District Lakhimpur Kheri as the petitioner resides in District Hardoi.

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.

Apart from this fact, it is always appropriate that both the proceedings which are of diverse nature be heard and decide at one place and together.

Considering the aforesaid submissions and noticing that there is no objection filed against the same, noticing the aforesaid ends of justice can be met by transferring the aforesaid proceedings of Case No.712 of 2024 from Principal Judge/ Family Court, District Lakhimpur Kheri to Principal Judge/ Family Court District Hardoi. Upon receipt of the record as well as copy of this order the Court concerned shall provide full opportunity of hearing to the parties without granting any unnecessary adjournment to any of the parties and decide the proceedings.

The application is allowed.

No order as to costs.

Order Date :- 9.5.2025/Harshita

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