Smt. Anju Singh vs Praween Kumar — Domestic Violence | Allahabad HC (2026)

Smt. Anju Singh vs Praween Kumar — Domestic Violence | Allahabad HC (2026)

What the court decided

AI extract

Outcome

No final relief on the transfer prayer; interlocutory directions only — notice to the opposite party both ways (regular and dasti), steps for service within seven working days, Office to provide dasti notice through applicant's counsel once steps are taken, and listing on 20.03.2026 as fresh with affidavit of service to be filed on the next date.

Issue for consideration

Whether the transfer application under Section 24 CPC should be allowed, i.e., whether Regular Suit No. 1052 of 2025 (Praveen Kumar Versus Anju Singh) under Section 13 of the Hindu Marriage Act should be transferred from the Court of Additional Principal Judge, Family Court No. 9, Lucknow to the Court of equivalent jurisdiction at District Sambhal. +1 more

Ratio / Principle

Interlocutory direction: notice to be issued to the opposite party, both ways, i.e., by regular mode as well as dasti.

Key takeaways

Interlocutory direction: steps for service of notice to be taken within seven working days.ratio¶19
Interlocutory direction: in case steps are taken, the Office shall provide dasti notice to learned counsel for the applicant for serving the same on the opposite party outside the Court.ratio¶20
Interlocutory direction: case to be put up on 20.03.2026 as fresh; on the next date the affidavit of service shall be filed by the applicant. The transfer prayer itself was not decided at this stage.ratio

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Syed Qamar Hasan Rizvi, J.; order dated February 5, 2026) in Transfer Application (Civil) No. 24 of 2026 — application under Section 24 CPC by Smt. Anju Singh seeking transfer of Regular Suit No. 1052 of 2025 (Praveen Kumar Versus Anju Singh), under Section 13 of the Hindu Marriage Act, from the Court of Additional Principal Judge, Family Court No. 9, Lucknow to the Court of equivalent jurisdiction at District Sambhal. Pleaded grounds: financial constraints; applicant a lady dependent on her parents, unable to regularly attend proceedings at Lucknow; allied criminal/complaint proceedings include FIR Case Crime No. 191 of 2025 (Sections 4 & 3 Dowry Prohibition Act; Sections 115(2), 351(2), 352, 77, 76, 75, 82(1) & 85 BNS) at Police Station Civil Lines, Moradabad, and a case under Section 12 of the Domestic Violence Act at Chandausi, District Sambhal. Held (interim): notice to opposite party both ways (regular and dasti); steps for service within seven working days; Office to provide dasti notice to applicant's counsel upon steps being taken; case listed 20.03.2026 as fresh; affidavit of service on the next date. The transfer question was left open.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

TRANSFER APPLICATION (CIVIL) No. - 24 of 2026

Smt. Anju Singh

.....Applicant(s)

Versus

Praween Kumar

.....Opposite Party(s)

Counsel for Applicant(s) : Vaibhav Raj, Yogesh Yadav Counsel for Opposite Party(s) :

Court No. - 19

HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard Sri Vaibhav Raj, learned Counsel for the applicant.

The present application under Section 24 of C.P.C. has been preferred by the applicant for transfer of Regular Suit No. 1052 of 2025 (Praveen Kumar Versus Anju Singh), under Section 13 of the Hindu Marriage Act, from the Court of Additional Principal Judge, Family Court No. 9, Lucknow to the Court of equivalent jurisdiction at District Sambhal.

Submission of the learned counsel appearing on behalf of the applicant is that the marriage between the applicant and the opposite party was solemnized on 24.04.2008 as per the Hindu rites and customs, however after one year of her marriage, the applicant was subjected to physical and mental harassment by the opposite party and his family members for demand of additional dowry, as such, being harassed with them, the applicant got decree of divorce with mutual consent from the Court of Tees Hazari, New Delhi in the year 2016. It is alleged that after some time, the opposite party came to the applicant and apologized for his act, thereafter the applicant again remarried with opposite party with 'Arya Samaj Padhati' on 31.10.2017 and out of wedlock, one daughter was born on 24.04.2019.

It is further alleged that after few days, the applicant came to know about illicit relations of the opposite party with so many females and when the applicant complained about this to the family members of

TACL No. 24 of 2026

2

the opposite party, they beaten her. Consequently, the applicant lodged an FIR being Case Crime No. 191 of 2025, under Section 4 & 3 Dowry Prohibition Act and Section 115(2), 351(2), 352, 77, 76, 75, 82(1) & 85 of BNS at Police Station Civil Lines, Moradabad. It is further alleged that the applicant has also filed a case under Section 12 of Domestic Violence Act at Chandausi, District Sambhal. It is contended by the learned counsel for the applicant that due to the financial constraints as well as the applicant, being a lady, who is dependent on her parents, is unable to regularly attend the Court proceedings at Lucknow, as such, she wants the transfer of the case from Lucknow to Chandausi, District Sambhal.

Issue notice to opposite party, both ways i.e., by regular mode as well as dasti .

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

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

Put up this case on 20.03.2026 as fresh. On the next date, affidavit of service shall be filed by the applicant.

February 5, 2026 Arun

(Syed Qamar Hasan Rizvi,J.)

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