Kalpana vs Padam Prakash — Domestic Violence | Allahabad HC (2026)

Kalpana vs Padam Prakash — Domestic Violence | Allahabad HC (2026)

What the court decided

AI extract

Outcome

No determination made on the transfer request. Interim procedural directions only: notice to the opposite party by regular mode and dasti; service steps within seven working days; dasti notice to be served through the applicant's counsel; affidavit of service on the next date; application listed afresh on 11.03.2026.

Issue for consideration

Whether the divorce case instituted by the opposite party (Case No. 448 of 2025, Section 13, Hindu Marriage Act, 1955) pending before the Principal Judge, Family Court, Sitapur should be transferred to a court of equivalent jurisdiction at District Amroha, given the applicant's financial constraints, severe illness, lack of independent income and the approx. 300 km distance between Amroha and Sitapur.

Key takeaways

Notice is to be issued to the opposite party both ways, i.e., by regular mode as well as dasti.¶16
Steps for service of notice are to be taken within seven working days.¶17
If steps are taken, the Office shall provide dasti notice to the learned counsel for the applicant for serving the same on the opposite party outside the Court.¶18

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Detailed headnote1 paragraphs

Wife-applicant's transfer application (TACL No. 322 of 2025, Allahabad High Court, Lucknow Bench) under Section 24 CPC seeking transfer of the opposite party's divorce case, Case No. 448 of 2025 (Padam Prakash Versus Kalpana) under Section 13, Hindu Marriage Act, 1955, from the Principal Judge, Family Court, Sitapur to a court of equivalent jurisdiction at District Amroha. Grounds pleaded: marriage solemnized on 18.05.2022; alleged post-marriage physical and mental harassment by the opposite party and his family members; applicant permanently resident at Amroha; FIR under Sections 85, 115(2), 352, 351(2), Bhartiya Nagarik Sanhita, 2023 and Sections 3 & 4, Dowry Prohibition Act; concurrent cases under Section 12, Protection of Women from Domestic Violence Act, 2005 and Section 144, Bhartiya Nagarik Suraksha Sanhita, 2023 at Amroha; applicant's financial constraints, severe illness, absence of independent income, and approx. 300 km distance. Order of February 9, 2026 (Syed Qamar Hasan Rizvi, J.) is interim only: notice to opposite party (regular and dasti modes), service steps within seven working days, dasti notice through applicant's counsel, affidavit of service on next date, fresh listing on 11.03.2026. The transfer request itself remains undecided; no precedent cited.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

TRANSFER APPLICATION (CIVIL) No. - 322 of 2025

Kalpana

.....Applicant(s)

Versus

Padam Prakash

.....Opposite Party(s) Counsel for Applicant(s) : Soumya Dixit, Pratyush Rawat Counsel for Opposite Party(s) : Court No. - 19

HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard Ms. Soumya Dixit, learned Counsel for the applicant.

The present application under Section 24 of C.P.C. has been preferred by the applicant for transfer of Case No. 448 of 2025 (Padam Prakash Versus Kalpana), under Section 13 of Hindu Marriage Act, 1955, from the Court of Principal Judge, Family Court, Sitapur to the Court of equivalent jurisdiction at District Amroha.

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 18.05.2022 as per the Hindu rites and customs, however soon after her marriage, the applicant was subjected to physical and mental harassment by the opposite party and his family members. It is alleged that the applicant is permanently residing at Amroha and she has lodged an FIR against the opposite party under Sections 85, 115(2), 352, 351(2) of Bhartiya Nagarik Sanhita, 2023 and Section 3 & 4 of Dowry Prohibition Act. The applicant has filed a case under Section 12 of the Protection of Women from Domestic Violence Act, 2005 and also a case under Section 144 of Bhartiya Nagarik Suraksha Sanhita, 2023 at Amroha.

The contention of the learned counsel for the applicant is that due to the financial constraints as well as severe illness, the applicant, being a lady having no independent source of income, is unable to attend the Court proceedings on every date fixed at Sitapur, which is approximately 300 Kms. away from Amroha, as such, she wants the

TACL No. 322 of 2025

2

transfer of the case from Sitapur to Amroha.

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 11.03.2026 as fresh. On the next date, affidavit of service shall be filed by the applicant.

February 9, 2026 Arun/Virendra

(Syed Qamar Hasan Rizvi,J.)

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