Vimla Devi Vs Arvind Kumar — Child Custody and Guardianship | Allahabad HC (2025)

Vimla Devi Vs Arvind Kumar — Child Custody and Guardianship | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application pending: supplementary affidavit taken on record; notice ordered to the respondent (steps within one week); matter listed in the week commencing 19.05.2025; as an interim measure, further proceedings of Suit No. 302 of 2021 (Arvind Kumar vs Vimla Devi) before the Ist Additional Principal Judge (Family Court) shall remain stayed.

Issue for consideration

Whether Case No. 302 of 2021 (Arvind Kumar vs Vimla Devi), a petition under Section 13 of the Hindu Marriage Act pending before the Ist Additional Principal Judge (Family Court), Gonda, should be transferred under Section 24 CPC to the appropriate court in District Bahraich, on the ground of the applicant's convenience given her three young children and other proceedings pending in Bahraich.

Ratio / Principle

As an interim measure, further proceedings of Suit No. 302 of 2021 (Arvind Kumar vs Vimla Devi) pending before the Ist Additional Principal Judge (Family Court) shall remain stayed, pending consideration of the transfer application; notice was ordered to be issued to the respondent with steps within one week and the matter listed in the week commencing 19.05.2025. The transfer itself was left to be considered ('Matter requires consideration').

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 8), single bench of Jaspreet Singh, J. Transfer Application (Civil) No. 83 of 2025 under Section 24 CPC by applicant-wife Vimla Devi against opposite-party-husband Arvind Kumar, seeking transfer of Case No. 302 of 2021 (Arvind Kumar vs Vimla Devi) under Section 13 of the Hindu Marriage Act from the Ist Additional Principal Judge (Family Court), Gonda to the appropriate court in District Bahraich. Stated grounds: marriage on 05.04.2011 with three children in the applicant's custody; maintenance of Rs.3,000/- per child (about Rs.12,000/- per month w.e.f. year 2023) granted in her Section 125 Cr.P.C. proceedings but only Rs.26,000/- paid, respondent in gross arrears; a petition under Section 10 of the Guardians and Wards Act, 1890 already pending at Bahraich; travelling to Gonda with young children not feasible. Order dated 10.4.2025: notice issued to the respondent (steps within one week), matter listed in the week commencing 19.05.2025, and, as an interim measure, further proceedings of the Gonda suit shall remain stayed. Whether the case is in fact to be transferred remains to be considered.

Court No. - 8

Case :- TRANSFER APPLICATION (CIVIL) No. - 83 of 2025

Applicant :- Vimla Devi Opposite Party :- Arvind Kumar Counsel for Applicant :- Alok Srivastava,Ram Kumar Srivastava Ram Kumar

Hon'ble Jaspreet Singh,J.

Supplementary affidavit filed by learned counsel for the applicant is taken on record.

Heard learned counsel for the applicant.

The instant application has been preferred under Section 24 of CPC seeking transfer of Case no.302 of 2021 preferred under Section 13 of the Hindu Marriage Act (Arvind Kumar vs Vimla Devi) pending before the Ist Additional Principal Judge (Family Court) Gonda to the appropriate court in District Bahraich.

Submission of learned counsel for the applicant is that the applicant and the respondent were married on 05.04.2011 though they had three children who are with the applicant. On account of matrimonial fall out, the applicant has been living separately in District Gonda where she has initiated proceedings under Section 125 Cr.P.C wherein the Court was pleased to grant a maintenance of Rs.3,000/- per child i.e. about Rs.12,000/- per month w.e.f year 2023 but only a composite sum of Rs.26,000/- has been paid and the respondent is in gross arrears.

It is further urged that another petition under Section 10 of the Guardians and Wards Act, 1890 has been initiated which is also engaging the attention of the Court in District Bahraich, however, in order to retaliate the respondent had initiated proceedings under Section 13 of the Hindu Marriage Act before the Principal Judge/Family Court at Gonda.

In view of the fact that the petitioner is having three children and already two matters are being contested in District Bahraich and for one matter she has to travel to Gonda which is not feasible specially in light of the young children which has to be taken care of.

Matter requires consideration.

Issue notice to respondent.

Steps to be taken within one week.

List in the week commencing 19.05.2025.

As an interim measure, it is provided that further proceedings of the Suit no.302 of 2021 (Arvind Kumar vs Vimla Devi) pending before the Ist Additional Principal Judge (Family Court) shall remain stayed.

Order Date :- 10.4.2025 Harshita

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