Shalini Devi vs Mohit — Matrimonial and Divorce | Allahabad HC (2025)

Shalini Devi vs Mohit — Matrimonial and Divorce | Allahabad HC (2025)

What the court decided

AI extract

Outcome

No transfer effected; the transfer application was disposed of with directions to the Principal Judge, Family Court, Lucknow to conclude Case No. 2831 of 2025 (Mohit versus Shalini Devi) expeditiously and strictly in accordance with law, endeavouring disposal within two months of receipt of the certified copy of the order.

Issue for consideration

Whether the divorce case bearing Case No. 2831 of 2025 (Mohit versus Shalini Devi) under Section 13-B of the Hindu Marriage Act, pending before the Principal Judge, Family Court, Lucknow, should be transferred to any other court within the jurisdiction of Family Court, Lucknow.

Court's answer

In view of the compromise between the parties and the resumption of functioning of the Family Court (its Presiding Officer having joined), the Court held that there would be no useful purpose to keep the instant transfer application pending.

Ratio / Principle

The transfer application was disposed of with a direction to the learned Principal Judge, Family Court, Lucknow to expeditiously dispose of Case No. 2831 of 2025 (Mohit versus Shalini Devi) strictly in accordance with law.

Key takeaways

Since the parties had compromised and the matter was fixed for pronouncement of judgment, the Court directed the court concerned to endeavour to dispose of the matter within the shortest period of time, say within two months from the date of receipt of certified copy of the order.ratio¶15

Detailed headnote1 paragraphs

Civil - Transfer Application (Section 24 CPC) - Disposal for want of useful purpose. Shalini Devi sought transfer of mutual-consent divorce proceedings (Case No. 2831 of 2025, Mohit v. Shalini Devi, under Section 13-B, Hindu Marriage Act) from the Principal Judge, Family Court, Lucknow to any other court within the same jurisdiction, submitting that evidence stood completed, the parties had compromised on 30.09.2025, and judgment listed for 08.10.2025 could not be pronounced as the court's post fell vacant. On notice that the Presiding Officer had joined and the court had resumed functioning, the High Court (Lucknow Bench, Syed Qamar Hasan Rizvi, J.) held there would be no useful purpose in keeping the application pending, disposed of it, and directed the Principal Judge to decide the case expeditiously, strictly in accordance with law, endeavouring disposal within two months of receipt of the certified copy of the order. Decision dated November 19, 2025.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

TRANSFER APPLICATION (CIVIL) No. - 294 of 2025

Shalini Devi	Versus	.....Applicant(s)
Mohit		.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Ashok Kumar Srivastava :	Srivastava, Avinash

Court No. - 20

HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard Sri Avinash Srivastava, learned counsel for the applicant.

Ms. Pragya Bhushan, Advocate has put in her appearance on behalf of the opposite party. She submits that she will file the Vakalatnama in the Registry, during the course of the day.

By means of the instant transfer application under Section 24 of C.P.C., the applicant has prayed for transfer of the case having Case No.2831 of 2025 (Mohit versus Shalini Devi) filed under Section 13-B of the Hindu Marriage Act before the court of learned Principal Judge, Family Court, Lucknow to any other court within the jurisdiction of Family Court, Lucknow.

The submission of the learned counsel for the applicant is that the evidence in the case has already been recorded, moreover the parties have entered into a compromise on 30.09.2025. He further submits that the matter was listed for argument/judgment on 08.10.2025 but the judgment could not be pronounced as the Court became vacant.

It has been brought to the notice of the Court that now the Presiding Officer of the court has already joined and the court concerned has started functioning.

In view of above, there would be no useful purpose to keep the instant

TACL No. 294 of 2025

2

Application pending. Accordingly, the same is disposed of with a direction to the learned Principal Judge, Family Court, Lucknow to expeditiously disposed of the case having Case No.2831 of 2025 (Mohit versus Shalini Devi) filed under Section 13-B of the Hindu Marriage Act, strictly in accordance with law.

Since the parties have stated before the Court that the they have entered into a compromise and the matter was fixed for pronouncement of judgment, the Court concerned shall endeavour to dispose of the matter within shortest period of time, say within a period of two months from the date of receipt of certified copy of this order.

(Syed Qamar Hasan Rizvi,J.)

November 19, 2025 Abhishek Gupta

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