Rakhi Devi vs Rohit Kumar — Matrimonial and Divorce | Allahabad HC (2026)

Rakhi Devi vs Rohit Kumar — Matrimonial and Divorce | Allahabad HC (2026)

What the court decided

AI extract

Outcome

No final relief; interlocutory directions only: notice to the opposite party through the Chief Judicial Magistrate, Sultanpur; steps for service within seven working days; case listed on 15.04.2026 as fresh with both parties to appear in person; Senior Registrar to communicate the order to the CJM, Sultanpur; counsel for the applicant undertook to ensure the applicant's personal appearance on the next date.

Issue for consideration

Whether service of notice of the transfer application upon the sole opposite party is sufficient. +1 more

Court's answer

The Court proceeded on the Office Report dated 05.02.2026 recording that service of notice upon the sole opposite party was deemed sufficient.

Ratio / Principle

Steps for service of notice upon the opposite party were directed to be taken within seven working days.

Key takeaways

The case was directed to be listed on 15.04.2026 as fresh, with the applicant and the opposite party to appear in person before the Court.ratio¶21
Presence of both parties on the next date was required to ascertain their willingness for mediation.ratio¶15
The Senior Registrar of the Court was directed to ensure communication of the order to the Chief Judicial Magistrate, Sultanpur, for its compliance.

Detailed headnote1 paragraphs

Transfer Application (Civil) No. 278 of 2025 (Rakhi Devi v. Rohit Kumar), arising out of Original Suit No. 892/2025 under Section 9 of the Hindu Marriage Act pending before the Family Court, Sultanpur. On 23.03.2026 the Court noted the Office Report dated 05.02.2026 recording service of notice upon the sole opposite party as deemed sufficient; none appeared for the opposite party. Applicant's counsel stated a possibility of settlement through mediation. The Court directed issuance of notice to the opposite party through the Chief Judicial Magistrate, Sultanpur, steps for service within seven working days, and listed the case as fresh on 15.04.2026, requiring both parties to appear in person to ascertain their willingness for mediation; the Senior Registrar was directed to communicate the order to the CJM, Sultanpur, and counsel for the applicant undertook to ensure the applicant's personal appearance.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

TRANSFER APPLICATION (CIVIL) No. - 278 of 2025

Rakhi Devi

.....Applicant(s)

Versus

Rohit Kumar	.....O
Counsel for Applicant(s)	: Shiv Kumar Soni
Counsel for Opposite Party(s)	:

.....Opposite Party(s)

Court No. - 19

HON'BLE SYED QAMAR HASAN RIZVI, J.

Sri Shiv Kumar Soni, learned counsel for the applicant is present.

This Court vide order dated 07.01.2026 directed the learned Additional Principal Judge, Family Court-3, Sultanpur to ensure the service of notice upon the opposite party through his counsel on the next date fixed in the case.

Office Report dated 05.02.2026 submitted by the Joint Registrar (ECourt), provides that the information of the instant proceeding has been provided to legal advisor of the opposite party, in the Original Suit No. 892/2025, pending under Section 9 of the Hindu Marriage Act. The Office has reported service of notice upon the sole opposite party as deemed sufficient.

Today, when the matter has been taken up, none has appeared on behalf of the opposite party.

Learned counsel appearing on behalf of the applicant states that there is possibility of settlement of dispute between the parties through mediation.

Therefore, to know the willingness of the parties for mediation, the presence of the applicant and the opposite party would be required on the next date.

Let notice be issued to the opposite party, through the Chief Judicial

TACL No. 278 of 2025

2

Magistrate, Sultanpur.

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

List this case on 15.04.2026 as fresh. On that date, the applicant as well as the opposite party shall appear in person before this Court.

The Senior Registrar of this Court shall ensure the communication of this order to the Chief Judicial Magistrate, Sultanpur, for its compliance.

The learned counsel for the applicant undertakes that he shall ensure the personal appearance of the applicant on the next date fixed.

(Syed Qamar Hasan Rizvi,J.)

March 23, 2026

Manoj K.

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