Swati suri vs Vikas Suri — Maintenance and Alimony | Allahabad HC (2025)

Swati suri vs Vikas Suri — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Transfer decision deferred: matrimonial dispute referred to the Mediation and Conciliation Centre of the Court with first session fixed for 07.01.2026; both parties to attend on that date; opposite party ordered to pay Rs. 10,000/- travel expenses to the applicant on 07.01.2026; mediation to be concluded expeditiously subject to that payment and cooperation of parties; mediation report or status to be filed by next date; proceedings of Misc. Case No. 1069 of 2019 at Lucknow stayed until next date of listing; case to be listed afresh on 06.02.2026.

Issue for consideration

Whether Misc. Case No. 1069 of 2019 (divorce suit of Vikas Suri against Swati Suri) pending before the Additional Principal Judge, Family Court, Court No. 7, Lucknow should be transferred under Section 24 C.P.C. to a court of equivalent jurisdiction at District Hardoi. +1 more

Court's answer

As an interim measure, the proceedings of Misc. Case No. 1069 of 2019 (Vikas Suri Vs. Smt. Swati Suri) pending before the Additional Principal Judge, Family Court, Court No. 7, Lucknow were stayed until the next date of listing; the question of transferring the case to Hardoi was left undecided pending mediation.

Ratio / Principle

Taking into consideration the willingness of both parties to settle the matrimonial dispute, the Court referred the matter to the Mediation and Conciliation Centre of this Court and directed that the first date of mediation/first session would be 07.01.2026.

Key takeaways

Both parties were directed to remain present in the mediation centre on 07.01.2026, and on that date the opposite party (Vikas Suri) was ordered to pay a sum of Rs. 10,000/- to the applicant (Swati Suri) as travel expenses.ratio¶17
The mediation proceedings are to be conducted and concluded with expedition, subject to payment of the aforesaid amount by the opposite party and proper cooperation of the parties.ratio¶18
By the next date of listing (06.02.2026, as fresh), the Mediation and Conciliation Centre shall file the mediation report, or place the status of the mediation proceedings before the Court if they could not be concluded.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 20 - Syed Qamar Hasan Rizvi, J. - TACL No. 279 of 2025 (Swati Suri v. Vikas Suri), decided 10.12.2025. Wife applied under Section 24 C.P.C. to transfer the husband's pending divorce suit (Misc. Case No. 1069 of 2019, instituted 16.04.2019) from Additional Principal Judge, Family Court, Court No. 7, Lucknow to District Hardoi, pleading unemployment, dependence on parents, financial hardship of travel, and threats (02.09.2025) and abuse/assault (19.09.2025) at the Lucknow court. Asked by the Court, counsel for the husband stated his client was willing to settle through mediation, and the applicant's counsel raised no objection. The Court did not decide the transfer; it referred the matrimonial dispute to the Court's Mediation and Conciliation Centre with first session on 07.01.2026, ordered the husband to pay Rs. 10,000/- as travel expenses to the applicant on that date, directed expeditious conduct of mediation conditioned on payment and cooperation, required the mediation report or status by the next date, stayed the Lucknow proceedings till then, and listed the case afresh on 06.02.2026.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

TRANSFER APPLICATION (CIVIL) No. - 279 of 2025

Swati Suri

.....Applicant(s)

	Versus
Vikas Suri		....	.Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Prabhakar Pandey, Gaurav Singh : Adarsh Verma, Rajan	Divya Mishra	Mishra,

Court No. - 20

HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard learned counsel for the applicant, learned counsel for respondent and perused the material available on record.

The present application under Section 24 of C.P.C. has been preferred by the applicant for transfer of Misc. Case No. 1069 of 2019 (Vikas Suri Vs. Smt. Swati Suri) from the Court of Additional Principal Judge, Family Court, Court No. 7, Lucknow to the court of equivalent jurisdiction at District Hardoi.

The submission of the learned counsel for the applicant is that the marriage of the applicant with the opposite party was solemnized on 13.12.2017 as per Hindu rites and rituals. Out of said wedlock one male child was born on 20.04.2019. Thereafter the husband sent the applicant to her parental house along with her son in the month of February 2020. The applicant had to file a suit for maintenance under Section 125 Cr.P.C. before the Court of learned Principal Judge, Family Court, Hardoi. The opposite party instituted a suit for divorce bearing Misc. Case No. 1069 of 2019 (Vikas Suri Vs. Smt. Swati Suri) on 16.04.2019, which is pending before the Court of Additional Principal Judge, Family Court, Court No. 7, Lucknow. When the applicant appeared before the Court concerned on the date fixed i.e., 02.09.2025, she was threatened of dire consequences by the opposite party. On 19.09.2025 when the case was fixed before the court concerned, the opposite party abused and assaulted the applicant. It

TACL No. 279 of 2025

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is very categorically stated on behalf of the applicant that she is an unemployed lady, having the responsibility of a child, she is facing great financial hardship in travelling from District Hardoi to Lucknow, as she is completely dependent on her parents. It has been made difficult for her to pursue the aforesaid case under the threat to life.

On being asked by the Court whether there is any possibility of amicable settlement in between the parties, learned counsel appearing on behalf of the opposite party has stated that his client is willing to settle the matrimonial disputes through mediation.

Learned counsel appearing on behalf of the applicant, also has no objection in case the matter is referred to Mediation and Conciliation Center of this Court for settlement of the matrimonial dispute between the parties.

Taking into consideration the willingness of the parties to settle the dispute, the matter is referred to the Mediation and Conciliation Centre of this Court, with the direction that the first date of mediation/first session would be 07.01.2026.

The parties shall remain present in the mediation center of this Court on 07.01.2026 to participate in the mediation proceedings and on that date, the opposite party shall pay a sum of Rs. 10,000/- (Ten Thousand Rupees only) to the applicant as travel expenses.

The mediation proceedings may be conducted and concluded with expedition subject to payment of the aforesaid amount to the applicant by the opposite party and proper cooperation of the parties.

List this case on 06.02.2026, as fresh.

By the next date of listing, the mediation report shall be filed by the Mediation and Conciliation Centre or the status of the mediation proceedings shall be placed before this Court on the next date if the mediation proceedings could not be concluded for any reason whatsoever.

Till the next date of listing, proceedings of the Misc. Case No. 1069 of

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2019 (Vikas Suri Vs. Smt. Swati Suri) pending before the Court of Additional Principal Judge, Family Court, Court No. 7, Lucknow, shall remain stayed.

December 10, 2025 Virendra

(Syed Qamar Hasan Rizvi,J.)

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