Maya Maurya and Another vs Dharmendra… — Child Custody and Guardianship | Allahabad HC (2025)

Maya Maurya and Another vs Dharmendra… — Child Custody and Guardianship | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim procedural directions only: notice to the opposite party by regular and dasti mode; service steps within three working days; dasti notice through the applicant's counsel if steps are taken in time; matter listed fresh for 16.12.2025 with affidavit of service due on the next date. The prayer to transfer the cases from Gonda to Basti was not decided at this stage.

Issue for consideration

Whether the matrimonial and connected cases listed in the application, pending at Gonda, should be transferred from Civil Court Gonda to Civil Court Basti under Section 24 C.P.C. +2 more

Ratio / Principle

Notice was ordered to be issued to the opposite party both ways, i.e., by regular mode as well as dasti.

Key takeaways

Steps for service of notice were directed to be taken within three working days.ratio¶16
If the steps for service of notice are taken within the aforesaid period, the Office shall provide dasti notice to the learned counsel for the applicant for serving the same upon the opposite party outside the Court.ratio¶17
The matter was listed on 16.12.2025 as fresh; the prayer to transfer the cases from Gonda to Basti was not decided at this sitting.ratio

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Syed Qamar Hasan Rizvi J., 25 November 2025 — interim order on Transfer Application (Civil) No. 305 of 2025 (running head: TACL No. 305 of 2025) under Section 24 C.P.C. by applicants Maya Maurya and another seeking transfer from Civil Court Gonda to Civil Court Basti of: Matrimonial Case No. 791/2024, CNR No.UPGD02008222024 (Dharmendra Kushwaha Vs Maya Maurya) under Section 13 Hindu Marriage Act before Additional Principal Judge-I, Family Court, Gonda; connected Matrimonial Case No. 791/2024 under Section 24 Hindu Marriage Act (Maya Maurya vs Dharmendra Kushwah); Civil Suit bearing Case No. 298/2024, CNR No.UPGD050005182024 (Maya Maurya vs Dharmendra Kushwaha) under Section 151 C.P.C.; and Case No. 26/2025 (Dharmendra Kushwaha Vs Maya Maurya) under Section 8, 10, 25 Guardian and Ward Act. Grounds urged by counsel: applicant is mother of a minor child residing at New Teacher Colony, Old Basti, District Basti, gets nothing from the husband, has no independent source of income and depends on relatives and friends; frequent Basti–Gonda travel causes financial burden and serious disruption of the child's schooling; no prejudice contended as the husband has sufficient means to attend at Basti. The court did not decide the transfer prayer: it ordered notice to the opposite party both ways (regular and dasti), service steps within three working days, dasti notice through the applicant's counsel, listing fresh on 16.12.2025, and affidavit of service of notice on the next date.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

TRANSFER APPLICATION (CIVIL) No. - 305 of 2025

Maya Maurya And Another

.....Applicant(s)

	Versus
Dharmendra Kushwaha	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Pawan Verma, Arvind Kumar Maurya, Kanchan, Pradeep Kumar Verma :

Court No. - 20

HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard Sri Pradeep Kumar Verma, learned counsel appearing on behalf of the applicants.

The present application under Section 24 of C.P.C. has been preferred by the applicant for transfer the Matrimonial Case No. 791/2024 CNR No.UPGD02008222024 (Dharmendra Kushwaha Vs Maya Maurya), under Section 13 of the Hindu Marriage Act, pending before the Additional Principal Judge-I, Family Court, Gonda, and other connected cases viz. Matrimonial Case No. 791/2024, under Section 24 of Hindu Marriage Act (Maya Maurya vs Dharmendra Kushwah); Civil Suit bearing Case No. 298/2024, CNR No.UPGD050005182024 (Maya Maurya vs Dharmendra Kushwaha), under Section 151 C.P.C.; Case No. 26/2025 (Dharmendra Kushwaha Vs Maya Maurya) under Section 8, 10, 25 of the Guardian and Ward Act; from Civil Court Gonda to Civil Court Basti.

The submission of the learned counsel appearing on behalf of the applicant is that the applicant is mother of an minor child and is presently residing at New Teacher Colony, Old Basti, District- Basti with her minor child and is not getting any single penny from her husband. The petitioner has pleaded that the petitioner has no independent source of income and is dependent on the support of her relative and friends for the maintenance of herself and her minor child. It is submitted on behalf of the applicant that frequent travelling from Basti to Gonda causes huge financial burden and a lot of difficulties to the petitioner.

It has been very vehemently argued on behalf of the applicant that frequent travelling from Basti to Gonda causes serious disruption of the schooling of her child causing adverse effect on her education. It is also

TACL No. 305 of 2025

2

submitted on behalf of the applicant that in case if the cases as prayed for in this petition are tranferred to Basti from Gonda, no prejudice would be caused to the opposite party/ husband as he has sufficient means to attend the hearing of the cases at Basti Court.

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

Steps for service of notice be taken within three working days.

In case the steps for service of notice are taken within the aforesaid period, Office shall provide dasti notice to the learned counsel for the applicant for serving the same upon the opposite party outside the Court.

List on 16.12.2025 as fresh.

On the next date, affidavit of service of notice shall be filed by the applicant.

(Syed Qamar Hasan Rizvi,J.)

November 25, 2025

(Manoj K.)

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