Sayara Khatoon vs Javed Akhtar — Dowry and Cruelty | Allahabad HC (2026)

Sayara Khatoon vs Javed Akhtar — Dowry and Cruelty | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim directions only; the transfer application remains undecided. Notice to be issued to the opposite party both by regular mode and dasti; steps for service within seven working days; dasti notice to be served through the applicant's counsel if steps are taken in time; case to be listed in the week commencing 23.03.2026; affidavit of service of notice to be filed on the next date.

Issue for consideration

Whether Case No.727/2022 (Javed Akhtar Versus Smt. Sayara Khatoon), pending before the Principal Judge, Family Court, Ambedkar Nagar, should be transferred to the Court of the Principal Judge, Family Court, Bahraich. +1 more

Detailed headnote1 paragraphs

ALLAHABAD HIGH COURT (LUCKNOW BENCH), Court No. 19 — Syed Qamar Hasan Rizvi, J.; order dated February 24, 2026 in Transfer Application (Civil) No. 35 of 2026. INTERIM ORDER — nothing decided on merits. Sayara Khatoon (applicant; counsel Mohd. Ahsanussamad Faridi, Husain) applied under Section 24 of C.P.C. for transfer of Case No.727/2022 (Javed Akhtar Versus Smt. Sayara Khatoon) — described in the body as Dawa Bidayi Case No. 727 of 2023, allegedly filed as a counterblast to the F.I.R. of 04.11.2022 under Sections 498-A, 323, 420, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act (registered as Criminal Case No. 326/2022, P.S. Jalalpur, District Ambedkar Nagar) — from the Court of the Principal Judge, Family Court, Ambedkar Nagar to the Court of the Principal Judge, Family Court, Bahraich, on the grounds that she works as Assistant Professor (Urdu) in Mahila Mahavidyalaya, Bahraich since 24.01.2020 and has no family member to escort her to Ambedkar Nagar on each hearing date; her marriage with the opposite party was solemnized on 23.06.2019 in accordance with Muslim law. The court issued notice to the opposite party both ways (regular and dasti), fixed seven working days for steps of service, and listed the matter for the week commencing 23.03.2026; affidavit of service due on the next date. No precedent engaged; no holding to cite.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

TRANSFER APPLICATION (CIVIL) No. - 35 of 2026

Sayara Khatoon

.....Applicant(s)

	Versus
Javed Akhtar	....	.Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Mohd. Ahsanussamad Faridi, Husain :	Ehtisham

Court No. - 19

HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard 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.727/2022 (Javed Akhtar Versus Smt. Sayara Khatoon) from the Court of Principal Judge, Family Court, Ambedkar Nagar to the Court of learned Principal Judge, Family Court, Bahraich.

The contention of the learned counsel for the applicant is that the marriage between the applicant and the opposite party was solemnized on 23.06.2019 in accordance with Muslim law. Since the date of marriage, the applicant has been suffering physical and mental agony and has been subjected to rude behaviour of the opposite party and his family members even though the applicant made every possible effort to maintain her married life for a period of about 3 years and 5 months. It is stated that on account of the cruel behaviour of the opposite party and his family members, the F.I.R. has been lodged against the opposite party on 04.11.2022, under Sections 498-A,323, 420, 504, 506 IPC & Section 3/4 of the Dowry Prohibition Act at Police Station Jalalpur, District Ambedkar Nagar and the said case has been registered as Criminal Case No. 326/2022.

It is contended on behalf of the applicant that the applicant is working

TACL No. 35 of 2026

2

as Assistant Professor (Urdu) in the Mahila Mahavidyalaya, Bahraich since 24.01.2020. It is alleged on behalf of the applicant that as an counterblast to said F.I.R., the opposite party filed the case for Dawa Bidayi having Case No. 727 of 2023, pending in the Court of learned Principal Judge, Family Court, Ambedkar Nagar. Further contention of learned counsel for the appellant is that the applicant is a working lady and has no such member in her family who can escort her to Ambekar Nagar from Bahraich to pursue the aforesaid case on each and every date.

Issue notice to the 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 the steps for service of notice are taken within the aforesaid period, Office shall provide dasti notice to the learned counsel for the applicant for serving the same upon the opposite party outside the Court.

List this case in the week commencing 23.03.2026.

On the next date, affidavit of service of notice upon the opposite party shall be filed by the applicant.

(Syed Qamar Hasan Rizvi,J.)

February 24, 2026

(Manoj K.)

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