Smt. Laxmi Rani @ Smt. Laxmi Rani Tiwari and… — Matrimonial and Divorce | Allahabad HC (2026)

Smt. Laxmi Rani @ Smt. Laxmi Rani Tiwari and… — Matrimonial and Divorce | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim relief granted; application not finally decided: proceedings of Suit No. 1107 of 2024 (Kanishka Kumar Tiwari Versus Laxmi Rani) before the Principal Judge, Family Court, Barabanki to remain in abeyance till the next date of listing; counter affidavit by opposite party within four weeks; rejoinder affidavit by applicant within two weeks thereafter; application to be listed in the week commencing 23.03.2026.

Issue for consideration

Whether the transfer application should be allowed, i.e., transfer of the case (Suit No. 1107 of 2024) from Barabanki to Agra, where the applicant resides and can attend Court. +1 more

Court's answer

Interim direction: till the next date of listing, proceedings of Suit No. 1107 of 2024 (Kanishka Kumar Tiwari Versus Laxmi Rani), under Section 9 of the Hindu Marriage Act, pending before the Principal Judge, Family Court, Barabanki, shall remain in abeyance.

Ratio / Principle

Service of notice upon the opposite party is sufficient: the Office Report dated 11.12.2025 of the Joint Registrar (E-Court) shows the notice was received personally by him at the address indicated, notwithstanding the affidavit of service stating he deliberately refused to accept the notice.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Court No. 19) — Syed Qamar Hasan Rizvi, J. — Order dated February 5, 2026 in Transfer Application (Civil) No. 296 of 2025. Applicants Smt. Laxmi Rani @ Smt. Laxmi Rani Tiwari and another seek transfer of Suit No. 1107 of 2024 (Kanishka Kumar Tiwari Versus Laxmi Rani), instituted under Section 9 of the Hindu Marriage Act and pending before the Principal Judge, Family Court, Barabanki, to Agra, alleging that the opposite party deliberately filed the case at Barabanki and that the applicant, a lady who has one minor girl and faces serious threats from the opposite party as well as unavoidable personal difficulties, resides at Agra and cannot conveniently attend proceedings at Barabanki. Notice issued on 20.11.2025 both ways (regular and dasti); the affidavit of service states the opposite party refused to accept the notice, but the Office Report dated 11.12.2025 of the Joint Registrar (E-Court) records personal receipt at the address indicated — service held sufficient; no one appeared for the opposite party. Directions: counter affidavit within four weeks, rejoinder within two weeks thereafter, listing in the week commencing 23.03.2026; till the next date of listing, proceedings of the Barabanki suit shall remain in abeyance.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

TRANSFER APPLICATION (CIVIL) No. - 296 of 2025

Smt. Laxmi Rani @ Smt. Laxmi Rani Tiwari And Another

.....Applicant(s)

Versus

Kanishka Kumar Tiwari .....Opposite Party(s) Counsel for Applicant(s) : Shiva Nand Pandey, Mithlesh, Rajesh Kumar Tiwari Counsel for Opposite Party(s):

Court No. - 19

HON'BLE SYED QAMAR HASAN RIZVI, J.

This Court vide order dated 20.11.2025 issued notice to opposite party, both ways i.e., by regular mode as well as dasti.

Learned counsel for the applicant has filed an affidavit of service in compliance of the aforesaid order.

In paragraph no. 4 of the said affidavit, it is stated that the opposite party deliberately refused to accept the said notice.

The Office report dated 11.12.2025 submitted by Joint Registrar (E-Court) shows that the notice sent to the sole opposite party was received personally by him at the address indicated in the notice, as such, service of notice upon the opposite party is sufficient.

Sri Shivanand Pandey, learned counsel for the applicants is present. No one is present on behalf of the opposite party despite sufficient notice.

The case of the applicant is that the opposite party deliberately filed the instance case at Barabanki. It is alleged that the applicant has one minor girl and on account of serious threats from the opposite party as well as unavoidable personal difficulties, the applicant, being a lady, is unable to attend the Court proceedings at Barabanki. She currently resides at Agra and can easily attend the Court there, as such, she wants the transfer of the case from

TACL No. 296 of 2025

2

Barabanki to Agra.

Let counter affidavit be filed by the opposite party within a period of four weeks.

The applicant will have two weeks' time thereafter to file rejoinder affidavit, if any.

List this application in the week commencing 23.03.2026.

Till the next date of listing, proceedings of Suit No. 1107 of 2024 (Kanishka Kumar Tiwari Versus Laxmi Rani), under Section 9 of the Hindu Marriage Act, pending in the Court of Principal Judge, Family Court, Barabanki, shall remain in abeyance.

February 5, 2026

Arun

(Syed Qamar Hasan Rizvi,J.)

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