Smt. Shreya Srivastava vs Sri Naveen Kumar… — Matrimonial and Divorce | Allahabad HC (2026)

Smt. Shreya Srivastava vs Sri Naveen Kumar… — Matrimonial and Divorce | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim stay of the proceedings of Original Suit No. 734 of 2025 (Section 13, Hindu Marriage Act) pending before the Principal Judge, Family Court, Gonda till the next date of listing; liberty to the applicant's counsel to serve notice with a copy of the order on the opposite party through the latter's counsel in the Gonda proceedings; matter listed in the week commencing 09.03.2026. Final decision on the transfer application deferred.

Issue for consideration

Whether the proceedings of Original Suit No. 734 of 2025 (Naveen Kumar Srivastava versus Smt. Shreya Srivastava), filed under Section 13 of the Hindu Marriage Act before the Principal Judge, Family Court, Gonda, should be transferred to a court of equivalent jurisdiction at Lucknow under Section 24 of the C.P.C. +1 more

Ratio / Principle

As an interim measure, looking to the facts and circumstances narrated, the proceedings of Original Suit No. 734 of 2025 (Naveen Kumar Srivastava versus Smt. Shreya Srivastava) filed under Section 13 of the Hindu Marriage Act, pending before the Court of the Principal Judge, Family Court, Gonda, shall remain stayed till the next date of listing.

Key takeaways

Learned counsel for the applicant is granted liberty to serve notice of the case, along with a copy of this order, on the opposite party through his counsel appearing in the proceedings under Section 13 of the Hindu Marriage Act before the Court of the Principal Judge, Family Court, Gonda.ratio¶24

Detailed headnote1 paragraphs

Transfer Application (C) No. 315 of 2025 (Allahabad High Court, Lucknow Bench; Syed Qamar Hasan Rizvi, J.) — application under Section 24 C.P.C. by Smt. Shreya Srivastava seeking transfer of Original Suit No. 734 of 2025 (Naveen Kumar Srivastava v. Smt. Shreya Srivastava), filed under Section 13 of the Hindu Marriage Act, from the Principal Judge, Family Court, Gonda to a court of equivalent jurisdiction at Lucknow. Notice issued on 10.12.2025 both ways returned unserved; office report dated 12.01.2026 recorded service upon the sole opposite party as not sufficient, while the applicant's affidavit of service and counsel's statement alleged that the opposite party refused to meet and deliberately avoided the notice despite telephonic and WhatsApp intimation; none appeared for the opposite party. As an interim measure, the Gonda proceedings were stayed till the next date of listing; the matter was listed in the week commencing 09.03.2026, and the applicant's counsel was granted liberty to serve notice with a copy of the order through the opposite party's counsel in the matrimonial suit. Final decision on the transfer deferred.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

TRANSFER APPLICATION (CIVIL) No. - 315 of 2025

Smt. Shreya Srivastava

.....Applicant(s)

Versus

Sri Naveen Kumar Srivastava

.....Opposite Party(s)

Counsel for Applicant(s)	: Deo Raj Singh
Counsel for Opposite Party(s)	:

Court No. - 19

HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard Shri Deo Raj Singh, learned counsel for applicant.

This is an application under Section 24 of C.P.C. seeking transfer of the proceedings of the Original Suit No. 734 of 2025 (Naveen Kumar Srivastava versus Smt. Shreya Srivastava) filed under Section 13 of the Hindu Marriage Act, from the Court of learned Principal Judge, Family Court, Gonda, to the court of equivalent jurisdiction at Lucknow.

This Court vide order dated 10.12.2025 issued notice to the opposite party both ways, i.e, by regular mode and dasti notice as well.

Perusal of office report dated 12.01.2026 shows that " as per report received from office of District Judge, Lucknow respondent not met. The security personnel met there refused to provide any informtion and also prevented the process server to entering the office. The security personnel flatly refused to receive the notice. Unserved notice received back in this office. As such service of notice upon sole opposite party is not sufficient " .

Learned counsel appearing for the applicant has filed an affidavit of service dated 12.01.2026 wherein it has been categorically stated that Shri Shashank Pandey, Advocate's Clerk personally went to serve the notice upon opposite party at his place of posting , at MNTR/S&T, U.P. Metro Corporation Limited, Transport Nagar, Lucknow. It is further stated that

TACL No. 315 of 2025

2

upon reaching the said office, the deponent made sincere efforts to conduct the opposite party on his mobile phone, however, no telephonic contact could be established.

In paragraph no. 8 of the said affidavit, it is stated that the office staff present there informed the deponent that the opposite party refused to meet and deliberately avoided receiving the notice, despite being duly informed about the purpose and as such, due to aforesaid avoidance and refusal on the part of the opposite party, the notice could not be served personally.

Shri Deo Raj Singh, learned counsel for applicant has made a categorical statement that he personally contacted the opposite party on mobile phone and sent the information of the case as well as the date fixed in the matter, through Whats-app message but despite full knowledge, the opposite party has avoided to receive the same in due course.

List revised. Learned counsel for the applicant is present but none appeared on behalf of the opposite party.

Looking to the facts and circumstances of the case as narrated above, as an interim measure it is provided that the proceedings of the Original Suit No. 734 of 2025 (Naveen Kumar Srivastava versus Smt. Shreya Srivastava) filed under Section 13 of the Hindu Marriage Act, pending before the Court of learned Principal Judge, Family Court, Gonda shall remain stayed till the next date of listing.

List in the week commencing 09.03.2026.

Learned counsel for applicant is granted liberty to serve notice of this case along with a copy of this order to the opposite party through his counsel appearing in the proceedings under Section 13 of the Hindu Marriage Act, before the Court of learned Principal Judge, Family Court, Gonda

(Syed Qamar Hasan Rizvi,J.)

January 16, 2026 Virendra

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