Jitendra Kumar vs Smt. Atul Rajbala @ Rajni — Matrimonial and Divorce | Allahabad HC (2025)

Jitendra Kumar vs Smt. Atul Rajbala @ Rajni — Matrimonial and Divorce | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim directions only; transfer application not decided on merits. Notice ordered to the opposite party for personal appearance (service through CJM, Auraiya); undertaking recorded for Rs. 10,000/- Demand Draft towards her traveling expenses; matter listed fresh on 19.01.2026 to determine her willingness to refer the matter to the Mediation and Conciliation Centre, with both parties to appear in person.

Issue for consideration

Whether the proceedings of Case No. 164 of 2020 (Jitendra Kumar Versus Atul Rajbala @ Rajni) under Section 13 of the Hindu Marriage Act, pending before the Principal Judge, Family Court, Lucknow, should be transferred to the Court of equivalent jurisdiction at District Auraiya. +1 more

Court's answer

Notice is to be issued to the opposite party for her personal appearance before this Court on the date fixed, to be served through the Chief Judicial Magistrate, Auraiya.

Ratio / Principle

Counsel for the applicant undertakes that the applicant shall pay Rs.10,000/- (Rs. Ten Thousand only) by way of Demand Draft in favour of the opposite party towards her traveling expenses, on her presence before this Court on the next date.

Key takeaways

The matter is listed on 19.01.2026 afresh, only to determine the opposite party's willingness to refer the matter to the Mediation and Conciliation Centre of the High Court; both parties shall remain present in person, and if they agree to amicable settlement, the matter may be referred to the Centre.ratio¶20

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Syed Qamar Hasan Rizvi, J.) - Transfer Application (Civil) No. 325 of 2025 (TACL No. 325 of 2025), filed 2025 under Section 24 C.P.C. by Jitendra Kumar seeking transfer of divorce proceedings under Section 13 of the Hindu Marriage Act (Case No. 164 of 2020, Jitendra Kumar Versus Atul Rajbala @ Rajni) from the Principal Judge, Family Court, Lucknow to a Court of equivalent jurisdiction at District Auraiya, citing strain in the marriage solemnized on 18.04.2012 and a possibility of amicable settlement. By interim order dated December 19, 2025 the Court: (i) directed notice to the opposite party for her personal appearance, to be served through the Chief Judicial Magistrate, Auraiya, with steps for service to be taken within a week; (ii) recorded the applicant's counsel's undertaking to pay Rs. 10,000/- by Demand Draft towards her traveling expenses; and (iii) listed the matter fresh on 19.01.2026 solely to determine the opposite party's willingness to refer the dispute to the Mediation and Conciliation Centre of the High Court, both parties to appear in person, with referral to the Centre if both agree. The transfer request itself was left undecided; no merits ruling issued.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

TRANSFER APPLICATION (CIVIL) No. - 325 of 2025

Jitendra Kumar

.....Applicant(s)

Versus

Smt. Atul Rajbala @ Rajni

.....Opposite Party(s) Counsel for Applicant(s) : Prabhakar Pandey, Divya Mishra, Gaurav Singh Counsel for Opposite Party(s): Court No. - 20

HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard Sri Gaurav Singh, learned Counsel for the applicant.

The present application under Section 24 of C.P.C. has been preferred by the applicant seeking transfer of proceedings of Case No. 164 of 2020, (Jitendra Kumar Versus Atul Rajbala @ Rajni) under Section 13 of the Hindu Marriage Act, from the Court of Principal Judge, Family Court, Lucknow to the Court of equivalent jurisdiction at District Auraiya.

The contention of the learned counsel appearing on behalf of the applicant is that the marriage between the applicant and the opposite party was solemnized on 18.04.2012 and on account of trivial dispute, their relations became strained, as such, the opposite party left the house of the applicant and since then, she is residing with her parents.

Learned counsel for the applicant has categorically stated that there is a possibility of amicable settlement in between the parties.

Taking into consideration the submission advanced by the learned counsel for the applicant, let a notice be issued to the opposite party for her personal appearance before this Court on the date fixed to be served through the Chief Judicial Magistrate, Auraiya.

Steps for service of notice be taken within a week.

In case steps are taken within the aforesaid period, Office shall

TACL No. 325 of 2025

2

proceed accordingly.

Learned counsel for the applicant undertakes that the applicant shall pay an amount of Rs.10,000/- (Rs. Ten Thousand only) by way of Demand Draft in favour of the opposite party namely Smt. Atul Rajbala @ Rajni towards her traveling expenses, on her presence before this Court on the next date.

List this matter on 19.01.2026 as fresh only for the purpose of determining the willingness of the opposite party to refer the matter to the Mediation and Conciliation Centre of the High Court.

On the said date, both the parties i.e. applicant namely Jitendra Kumar as well as opposite party namely Smt. Atul Rajbala @ Rajni shall remain present in person before this Court.

In case, if the parties will agree for amicable settlement, the matter may be referred to the Mediation and Conciliation Centre of this Court on the next date.

December 19, 2025 Arun

(Syed Qamar Hasan Rizvi,J.)

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