Aruna v. Sandeep Kumar
Case brief
What is this about?
Transfer application dismissed — Section 24 CPC transfer of matrimonial case under Section 13 Hindu Marriage Act, 1955 (Case No. 357 of 2024) from Family Court Shamli to Family Court Bijnor; sole ground distance of approx. 156 km between Shamli and Gautam Buddh Nagar; applicant police constable posted at Agra, transferable post in disciplined force; no material particulars of real and substantial hardship; choice of transferee court arbitrary; principle from Smt. Anjana Rana v. Navin Singh, 2026 (2) ADJ 228 applied; discretion under Section 24 CPC not routine; Allahabad High Court, Dr. Yogendra Kumar Srivastava, J., March 18, 2026.
What did the court decide?
The power of transfer under Section 24 CPC is discretionary and is to be exercised judiciously and only upon a clear demonstration of real and substantial hardship; mere inconvenience or ordinary difficulties of travel cannot be elevated to a ground for transfer unless supported by cogent material.