Pinki vs Principle Judge, Family Court, Lucknow and… — Domestic Violence | Allahabad HC (2025)

Pinki vs Principle Judge, Family Court, Lucknow and… — Domestic Violence | Allahabad HC (2025)

What the court decided

AI extract

Outcome

No relief granted on merits at this stage; notice ordered to be issued to the respondent, petitioner's counsel to take steps within a week, matter listed for 19.05.2025 after service, and interim relief application deferred for consideration after service.

Issue for consideration

Whether Suit No.3791/2024 (Jitendra Kumar v. Smt. Pinki) under Section 13 of the Hindu Marriage Act pending before the Principal Judge, Family Court, Lucknow should be transferred to the appropriate Court in District Mathura pursuant to the petitioner's application under Section 24 CPC. +1 more

Ratio / Principle

Notice directed to be issued to the respondent, returnable at an early date.

Key takeaways

Learned counsel for the petitioner directed to take steps (towards issuance of notice) within a week.ratio¶13
Matter directed to be listed after service on the respondent, on 19.05.2025.ratio¶14
Application for interim relief deferred: it shall be considered only after service on the respondent.ratio¶15

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Court No. 8), TRANSFER APPLICATION (CIVIL) No. 86 of 2025, order dated 11.4.2025, Hon'ble Jaspreet Singh, J. Applicant Pinki (counsel Vikas Pandey) sought transfer under Section 24 CPC of Suit No.3791/2024 (Jitendra Kumar v. Smt. Pinki) under Section 13 of the Hindu Marriage Act from the Principal Judge, Family Court, Lucknow to the appropriate Court in District Mathura, pleading that after marriage on 13.11.2020 she was turned out of the matrimonial home, resides with her parents at Mathura lacking robust family support at Lucknow, had earlier instituted Section 125 Cr.P.C. and Section 12 Domestic Violence Act, 2005 proceedings at Mathura, and that although interim maintenance was awarded in the maintenance proceedings, the respondent moved a recall application and no maintenance has been paid. The Court did not rule on the transfer; notice was ordered to the respondent, counsel directed to take steps within a week, the matter listed for 19.05.2025 after service, and consideration of interim relief deferred till then.

Court No. - 8

Case :- TRANSFER APPLICATION (CIVIL) No. - 86 of 2025

Applicant :- Pinki

Opposite Party :- Principle Judge, Family Court, Lucknow And Another Counsel for Applicant :- Vikas Pandey

Hon'ble Jaspreet Singh,J.

Heard learned counsel for the petitioner.

The instant application has been preferred by the petitioner under Section 24 CPC seeking transfer of Suit No.3791/2024 (Jitendra Kumar v. Smt. Pinki) under Section 13 of the Hindu Marriage Act pending before the Principal Judge, Family Court, Lucknow to the appropriate Court in District Mathura.

The submission of the learned counsel for the petitioner is that the petitioner and the respondent were married on 13.11.2020, however, on account of matrimonial discord, the petitioner has been turned out from her matrimonial house and she is residing with her parents in District Mathura.

It is further stated that the petitioner had instituted proceedings under Section 125 Cr.P.C., as well as under Section 12 of the Domestic Violence Act, 2005 before the appropriate Court at District Mathura.

It is urged that in the proceedings under Section 125 Cr.P.C., an interim maintenance was awarded, however, in order to overcome passed by the Court, had moved an application for recall and as such, no maintenance has been paid to the petitioner.

It is further urged that the respondent has initiated proceedings under Section 13 of the Hindu Marriage Act, which is engaging the attention of the Court of Principal Judge, Family Court, District Lucknow and the petitioner does not have robust family support system, hence, it is difficult for her to contest the proceedings at Lucknow, accordingly, it is prayed that the proceedings under Section 13 of the Hindu Marriage Act be kindly be transferred at the appropriate Court in District Mathura.

Let notice be issued to the respondent returnable at an early date.

Learned counsel for the petitioner shall take steps within a week.

List this matter after service on 19.05.2025.

The application for interim relief shall be considered after service on the respondent.

Order Date :- 11.4.2025 Rakesh/-

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