Disposed¶31

Krishna Tiwari v. Naveen Dixit

Allahabad HC2 Dec 2025TACL/290/2025

Case brief

AI extract

What is this about?

Keywords: transfer application; Section 24 CPC; Hindu Marriage Act 1955 Sections 9 and 13; Family Court Lucknow; Additional Principal Judge-4; mediation and conciliation centre; Autism Spectrum Disorder; minor female child; stay of matrimonial suits; interim order; consent to mediation; Krishna Tiwari; Naveen Dixit; TACL 290 of 2025; Lucknow Bench.

What did the court decide?

Interim relief: dispute referred to the Mediation and Conciliation Centre (first session 12.12.2025); proceedings of Regular Suit No. 250 of 2023 and Regular Suit No. 1436 of 2023 stayed till the next date of listing (16.01.2026); mediation report or its status to be placed before the Court thereafter; final disposal of the transfer application left open. ¶31

Krishna Tiwari vs Naveen Dixit — Matrimonial and Divorce | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceedings of Regular Suit No. 250 of 2023 (S.13 HMA) and Regular Suit No. 1436 of 2023 (S.9 HMA) pending before the Additional Principal Judge-4, Family Court, Lucknow should be transferred to another Family Court at Lucknow under Section 24 CPC. +1 more

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Court's answer

Till the next date of listing, proceedings of Regular Suit No. 250 of 2023 (S.13 HMA) and Regular Suit No. 1436 of 2023 (S.9 HMA) pending before the Additional Principal Judge-4, Family Court, Lucknow, shall remain stayed.

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Ratio / Principle

As both parties, present in person, stated they were willing to settle their dispute amicably, the matter is referred to the Mediation and Conciliation Centre of the Court.

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Key takeaways

First mediation session fixed for 12.12.2025; both parties to remain present and participate; mediation to be conducted and concluded with expedition subject to proper cooperation of the parties.ratio¶33
Case to be listed fresh on 16 January 2026.ratio¶38
On the next listing the parties who appeared in person need not appear again; either the mediation report shall be filed by the Mediation and Conciliation Centre or the status of the mediation proceedings shall be placed before the Court if mediation could not be concluded.ratio

Detailed headnote1 paragraphs

Allahabad HC (Lucknow Bench), Transfer Application (Civil) No. 290 of 2025 (Krishna Tiwari v. Naveen Dixit), Syed Qamar Hasan Rizvi, J., 2 December 2025: interim order on a s.24 CPC transfer application seeking transfer of Regular Suit No. 250 of 2023 (s.13 Hindu Marriage Act suit, Naveen Dixit v. Krishna Tiwari) and Regular Suit No. 1436 of 2023 (s.9 Hindu Marriage Act suit, Krishna Tiwari v. Naveen Dixit) from the Additional Principal Judge-4, Family Court, Lucknow to another Lucknow Family Court; the applicant had pleaded that her 14-year-old daughter suffers from Autism Spectrum Disorder requiring specialised parental care. Pursuant to the Court's order of 15.11.2025, both parties appeared in person on 02.12.2025 and consented to mediation; the dispute was referred to the Mediation and Conciliation Centre (first session 12.12.2025), proceedings in both suits were stayed till the next listing on 16.01.2026, and the mediation report or its status was directed to be placed before the Court then; Sri Ajay Kumar to be printed in the cause list as counsel for the opposite party. The transfer application itself was not finally adjudicated.

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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TRANSFER APPLICATION (CIVIL) No. - 290 of 2025

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Krishna Tiwari

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.....Applicant(s)

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Versus Naveen Dixit .....Opposite Party(s) Counsel for Applicant(s) : Shashank Dwivedi, Mukul Sudhir Pandey, Shashi Dwivedi, Soma Pandey

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Counsel for Opposite Party(s): Court No. - 20

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HON'BLE SYED QAMAR HASAN RIZVI, J.

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Heard Ms. Soma Pandey, learned counsel for the applicant and Sri Ajay Kumar, Advocate, who put in appearance on behalf of the opposite party.

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This Court had passed the order dated 15.11.2025, which reads as under:-

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"1. Heard Ms. Soma Pandey, learned counsel for applicant and perused the material available on record.

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2. By means of the present transfer application under Section 24 of the C.P.C., the petitioner has prayed following relief:-

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"Wherefore, it is most respectfully prayed that the proceedings of the Regular Suit No. 250 of 2023, under Section 13 of the Hindu Marriage Act, 1955 (Naveen Dixit Vs. Krishna Tiwari) along with Regular Suit No. 1436 of 2023 under Section 9 of the Hindu Marriage Act, 1955 (Krishna Tiwari Vs. Naveen Dixit) pending before the learned Additional Principal Judge-4, Family Court, Lucknow may be transferred to any other court of Family Court, Lucknow."

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3. The submission of learned counsel appearing for

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TACL No. 290 of 2025

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applicant is that the case under Section 9 and 13 of the Hindu Marriage Act is pending between the parties before learned Additional Principal Judge-4, Family Court, Lucknow. It is contended on behalf of the petitioner that the applicant is having a female child aged about 14 years, who is suffering from Autism Spectrum Disorder (ASD), who needs special care and specialized treatment with consistent parental support. Although the plight of the applicant has been placed before the court concerned but the court concerned without taking into consideration the peculiar situation is proceeding to decide the divorce case pending under Section 13 of the Hindu Marriage Act at the behest of the opposite party.

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4. On being asked, whether there is any possibility of settlement between the parties through mediation proceedings, learned counsel for applicant has answered in affirmative.

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5. Taking into consideration the the aforesaid situation that learned counsel for applicant has expressed the willingness to settle the dispute through mediation proceedings, this Court finds it appropriate to ensure presence of respondent Naveen Dixit on 02.12.2025 before this Court to seek consent whether he is willing to settle the dispute through mediation proceedings or not?

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6. Issue notice to opposite party, both ways i.e., by regular mode as well as dasti.

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7. Steps be taken within a week.

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8. In case steps are taken, Office shall provide Dasti notice to learned counsel for applicant for serving the same on opposite party outside the Court.

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9. Put up this case on 02.12.2025 as fresh. On the next date, affidavit of service shall be filed by the applicant.

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10. Therefore, the applicant and the respondent shall appear in person on the next date to apprise the Court as

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TACL No. 290 of 2025

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to whether both the parties are ready to settle their dispute amicably through Mediation & Conciliation Centre of this Court.

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11. It has been informed by learned counsel for applicant that the next date fixed in Regular Suit No. 250 of 2023, under Section 13 of the Hindu Marriage Act, 1955 (Naveen Dixit Vs. Krishna Tiwari) pending before the learned Additional Principal Judge-4, Family Court, Lucknow is 17.11.2025.

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12. It is provided that the applicant shall place copy of this order before the learned Additional Principal Judge-4, Family Court, Lucknow on the date fixed i.e., 17.11.2025 in Regular Suit No. 250 of 2023. The learned court concerned shall facilitate the service of copy of this order upon the opposite party either personally or through his counsel appearing in the matter before it. "

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Pursuant to the aforesaid order, the applicant- Mrs.Krishna Tiwari and the opposite party-Mr. Naveen Dixit are present in person before this Court.

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On being asked, the parties present in the Court have stated that they are willing to settle their dispute amicably through mediation and conciliation center of this court.

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Since, the parties are willing to settle their dispute amicably through mediation and conciliation center of this Court, therefore, the matter is referred to the mediation and conciliation center of this Court.

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The first date of mediation/first session would be 12.12.2025.

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The parties shall remain present in the mediation center on 12.12.2025 to participate in the mediation proceeding.

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The mediation proceeding may be conducted and concluded with expedition subject to proper cooperation of the parties.

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TACL No. 290 of 2025

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The mediation report shall be submitted before this Court by the next date of listing.

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List this case on 16^th January, 2026, as fresh.

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On that date, the parties who are present in person need not appear again, however, either 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.

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Till the next date of listing, proceedings of the Regular Suit No. 250 of 2023, under Section 13 of the Hindu Marriage Act, 1955 (Naveen Dixit Vs. Krishna Tiwari) along with Regular Suit No. 1436 of 2023 under Section 9 of the Hindu Marriage Act, 1955 (Krishna Tiwari Vs. Naveen Dixit) pending before the learned Additional Principal Judge-4, Family Court, Lucknow, shall remain stayed.

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When the case is next listed, the name of Sri Ajay Kumar, Advocate shall be printed in the cause list as counsel for the opposite party.

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December 2, 2025 Arun

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(Syed Qamar Hasan Rizvi,J.)

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

Krishna Tiwari v. Naveen Dixit

Case brief

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Krishna Tiwari v. Naveen Dixit

Case brief

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