Smt. Shobha Tripathi vs Pradeep Kumar — Domestic Violence | Allahabad HC (2025)

Smt. Shobha Tripathi vs Pradeep Kumar — Domestic Violence | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Notice-stage directions only; the transfer prayer was not decided. Notice ordered to the opposite party, returnable at an early date; steps for service of notice within seven working days; on steps being taken, dasti notice to be provided to the applicant's counsel for service on the opposite party outside the Court; case to be listed fresh in the week commencing 13.01.2026; affidavit regarding service of notice to be filed by the applicant at the next listing.

Issue for consideration

Whether the divorce proceedings O.S. No. 575 of 2025 (Pradeep Kumar versus Shobha Tripathi) pending before the Principal Judge, Family Court, Raebareli should be transferred to a court of equivalent jurisdiction at Lucknow, on the applicant's plea of hardship.

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 20 - Transfer Application (Civil) No. 313 of 2025, order dated December 5, 2025, Syed Qamar Hasan Rizvi, J. Smt. Shobha Tripathi applied under Section 24 of C.P.C. for transfer of her husband Pradeep Kumar's divorce suit under Section 13 of the Hindu Marriage Act, O.S. No. 575 of 2025, from the Principal Judge, Family Court, Raebareli to a court of equivalent jurisdiction at Lucknow. Grounds urged: harassment and torture by the opposite party compelled her to leave the matrimonial home; she resides with her aged parents at Lucknow with the two children of the marriage (Yashvi Tripathi, born 2016; Avyan Tripathi, born 2021); she is unemployed, without independent income, wholly dependent on her father; a Section 125 Cr.P.C. maintenance case (No. 2445 of 2023) before the Additional Principal Judge, Family Court, Lucknow and a Section 12 D.V. Act complaint case (No. 652 of 2024) before the Additional Chief Judicial Magistrate, IIIrd, Lucknow are already pending there, and she faces undue hardship in pursuing the case at Raebareli. The court passed notice-stage directions only: notice to the opposite party returnable early, service steps within seven working days, dasti notice through the applicant's counsel, listing fresh in the week commencing 13.01.2026, and affidavit of service at the next hearing. The transfer prayer remains undecided; no precedent was cited or considered.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

TRANSFER APPLICATION (CIVIL) No. - 313 of 2025

Smt. Shobha Tripathi

.....Applicant(s)

Versus

Pradeep Kumar	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Vishwanath Pratap Singh :

Court No. - 20

HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard Sri Vishwanath Pratap Singh, learned counsel for the applicant.

This is an application under Section 24 of C.P.C. seeking transfer of the proceedings of the case under Section 13 of the Hindu Marriage Act having O.S. No. 575 of 2025 (Pradeep Kumar versus Shobha Tripathi) pending in the Court of learned Principal Judge, Family Court, Raebareli, to the court of equivalent jurisdiction at Lucknow.

The contention of the learned counsel for the applicant is that the marriage of the applicant with the opposite party was solemnized on 09.02.2014 and out of the wedlock, a girl child namely Yashvi Tripathi and a boy namely Avyan Tripathi were born in the year 2016 and 2021, respectively.

The submission of the learned counsel for the applicant is that the opposite party started harassment and torture to the applicant and that compelled her to leave the house of her husband and at present, she is residing with her old parents at Lucknow. It is very categorically stated on behalf of the applicant that the applicant is an unemployed lady having no independent source of income and she is totally dependent on her old father to maintain herself and her children.

It is further stated by the learned counsel for the applicant that the cases under Section 125 Cr.P.C. having Case No. 2445 of 2023 and a complaint case under Section 12 of D.V. Act having Case No.652 of 2024 against the opposite party, are pending before the Court of learned Additional Principal

TACL No. 313 of 2025

2

Judge, Family Court, Lucknow and before the learned Additional Chief Judicial Magistrate, IIIrd, Lucknow, respectively. The submission is that the applicant being a poor lady is facing undue hardship in pursuing the case at Raebareli.

Issue notice to the opposite party, returnable at an early date.

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

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

List this case in the week commencing 13.01.2026, as fresh.

The affidavit regarding service of notice shall be filed by the applicant when the case is next listed.

(Syed Qamar Hasan Rizvi,J.)

December 5, 2025 Abhishek Gupta

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