Ms. Abha Singh vs Mr. Anand Singh Vatsa — Matrimonial and Divorce | Allahabad HC (2026)

Ms. Abha Singh vs Mr. Anand Singh Vatsa — Matrimonial and Divorce | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim directions only: notice to the opposite party both ways (regular mode and dasti); steps for service of notice within three working days, with Office to provide dasti notice to the applicant's counsel if steps are taken in time; applicant may serve dasti notice in person or through the opposite party's counsel in the underlying case; matter listed fresh on 23.03.2026 with affidavit of service to be filed. The prayer for transfer of the divorce case remains undecided.

Issue for consideration

Whether Case No. 1233 of 2025 (Anand Singh Vatsa Versus Abha Singh), instituted under Section 13 of the Hindu Marriage Act and pending before the Principal Judge, Family Court, Pratapgarh, ought to be transferred to a court of equivalent jurisdiction at District Ghaziabad.

Ratio / Principle

The Court directed that notice be issued to the opposite party both ways, i.e., by regular mode as well as dasti, and that steps for service of notice be taken within three working days; if the steps are taken within that period, the Office shall provide dasti notice to the learned counsel for the applicant for serving the same upon the opposite party outside the Court.

Key takeaways

It is open to the applicant to serve the dasti notice upon the opposite party in person or through his counsel who appears for him in Case No. 1233 of 2025 pending before the learned Principal Judge, Family Court, Pratapgarh.ratio¶19
The transfer application is to be listed afresh on 23.03.2026, on which date the applicant shall file an affidavit of service of notice upon the opposite party.ratio¶20

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench — Transfer Application (Civil) No. 39 of 2026 (Syed Qamar Hasan Rizvi, J.; order dated February 27, 2026). Interim order on an application under Section 24 of the CPC by Ms. Abha Singh (applicant) seeking transfer of her husband Mr. Anand Singh Vatsa's divorce case — Case No. 1233 of 2025 (Anand Singh Vatsa Versus Abha Singh) under Section 13 of the Hindu Marriage Act, 1955 — from the Court of the Principal Judge, Family Court, Pratapgarh to a court of equivalent jurisdiction at District Ghaziabad. Grounds urged: the applicant is an unemployed, deserted lady wholly dependent on her brother, residing at Ghaziabad with the two minor children of the marriage solemnized on 19.11.2008 at Jaunpur; she alleges the divorce case was filed at Pratapgarh deliberately to harass her, and cites serious threats, financial constraints and the approximately 700 km distance from Ghaziabad; the underlying case is next fixed for 06.03.2026. The Court did not decide the transfer question: it issued notice to the opposite party both ways (regular mode and dasti), required steps for service within three working days, permitted the applicant to serve dasti notice in person or through the opposite party's counsel appearing in the underlying case, and listed the matter fresh for 23.03.2026, directing that an affidavit of service be filed on that date.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

TRANSFER APPLICATION (CIVIL) No. - 39 of 2026

Ms. Abha Singh

.....Applicant(s)

Versus

Mr. Anand Singh Vatsa

.....Opposite Party(s) Counsel for Applicant(s) : Aditya Kumar, Kshitij Gupta, Rakshak Shukla, Sahil Sachan Counsel for Opposite Party(s): Court No. - 19

HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard Sri Aditya Kumar, learned counsel for the applicant.

By means of the present application under Section 24 of the CPC, the applicant has prayed for the transfer of Case No. 1233 of 2025, (Anand Singh Vatsa Versus Abha Singh), under Section 13 of Hindu Marriage Act, from the Court of learned Principal Judge, Family Court, Pratapgarh to the Court of equivalent jurisdiction at District Ghaziabad.

The contention of the learned counsel for the applicant is that the marriage of the applicant and the opposite party was solemnized on 19.11.2008 as per Hindu rites and rituals at Jaunpur, U.P. and out of their wedlock two children were born. It is submitted that the applicant is an unemployed lady, deserted by her husband, completely depending upon the income of her brother, and is presently residing at Ghaziabad along with her minor children. It is alleged that the opposite party deliberately filed a case under Section 13 of the Hindu Marriage Act, 1955 at the Family Court, Pratapgarh, just to harass the applicant. It is further alleged that the opposite party/husband is presently working at Mumbai as one of the Directors of a private company namely Fiducia Entertainment Private Limited and is earning a handsome amount. It is also alleged that on account of serious threats from the opposite party and also due to the financial constraints as well as unavoidable personal difficulties, the applicant, being a lady having no source of income, is unable to attend the Court proceedings at Pratapgarh, which is approximately

TACL No. 39 of 2026

2

700 Kms. away from Ghaziabad, as such, she wants the transfer of the case from Pratapgarh to Ghaziabad.

Learned counsel appearing on behalf of the applicant has informed the Court that the next date fixed in the Case No. Case No. 1233 of 2025, (Anand Singh Vatsa Versus Abha Singh), under Section 13 of Hindu Marriage Act, pending in the Court of learned Principal Judge, Family Court, Pratapgarh, is 06.03.2026.

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 three 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.

It is open for the applicant to serve the dasti notice to the opposite party in person or through his counsel who appears for him (opposite party) in the Case No. 1233 of 2025, (Anand Singh Vatsa Versus Abha Singh), under Section 13 of Hindu Marriage Act, pending in the Court of learned Principal Judge, Family Court, Pratapgarh.

List this case on 23.03.2026, as fresh.

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

February 27, 2026 Arun

(Syed Qamar Hasan Rizvi,J.)

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