Smt. Kavita Gupta vs Shubham Gupta — Domestic Violence | Allahabad HC (2026)

Smt. Kavita Gupta vs Shubham Gupta — Domestic Violence | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Interim directions only: notice to the opposite party to be served through the Chief Judicial Magistrate, Bahraich (steps within three working days); both parties required to appear in person before this Court on 26.05.2026 to enable the Court to ascertain consent for mediation; the transfer prayer itself remains undecided.

Issue for consideration

Whether Case No. 1568 of 2025 (S.13 Hindu Marriage Act, 1955) instituted by the opposite party before the Principal Judge, Family Court, Bahraich should be transferred under Section 24 CPC to a court of equivalent jurisdiction at Lucknow, on the grounds of the applicant's hardship, safety and the opposite party's own Lucknow residence. +1 more

Ratio / Principle

In order to ascertain the consent of the parties for mediation, it is directed that the applicant as well as the opposite party remain present before this Court on the next date.

Key takeaways

Notice to the opposite party is to be served through the Chief Judicial Magistrate, Bahraich.ratio¶18
Steps for service of notice are to be taken within three working days.ratio¶19
The Court recorded the undertaking of learned counsel for the applicant to ensure the applicant's personal presence before this Court on the next date fixed.ratio

Detailed headnote1 paragraphs

Interim order of the High Court of Judicature at Allahabad, Lucknow Bench (Syed Qamar Hasan Rizvi, J.), dated May 14, 2026, in Transfer Application (Civil) No. 94 of 2026 under Section 24 CPC, by which the applicant-wife Smt. Kavita Gupta seeks transfer of her husband Shubham Gupta's divorce petition — Case No. 1568 of 2025 under Section 13 of the Hindu Marriage Act, 1955 — from the Court of Principal Judge, Family Court, Bahraich to a court of equivalent jurisdiction at Lucknow. Pleas: marriage on 17.04.2022, son Rudra Gupta born 09.10.2023; alleged dowry demand of Rs.10,00,000/- and consequent physical and mental harassment; applicant residing with her parents at Lucknow since leaving the matrimonial home; her maintenance application under Section 144 BNSS pending before Principal Judge, Family Court, Lucknow and Misc. Case No. 1620 of 2026 under Section 12 of the Domestic Violence Act before ACJM, Court No. 30, Lucknow; Bahraich approximately 125 Kms. away; applicant a house-wife with no independent income and no male family member to accompany her; opposite party a permanent resident of Lucknow who himself gave a Lucknow address, the case at Bahraich being alleged to have been filed just to harass her. Held: counsel states the applicant is willing to settle amicably through the Mediation and Conciliation Centre; to ascertain the opposite party's consent, both parties directed to be personally present on 26.05.2026; notice to the opposite party through the Chief Judicial Magistrate, Bahraich with steps within three working days; Senior Registrar to communicate the order to CJM Bahraich. The transfer prayer itself was left open.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

TRANSFER APPLICATION (CIVIL) No. - 94 of 2026

Smt. Kavita Gupta

.....Applicant(s)

Versus

Shubham Gupta	.....O
Counsel for Applicant(s)	: Prem Kumar Sahu
Counsel for Opposite Party(s)	:

.....Opposite Party(s)

Court No. - 19

HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard Sri Prem Kumar Sahu, learned counsel appearing on behalf of the applicant and perused the material available on record.

The present application under Section 24 of C.P.C. has been preferred by the applicant seeking transfer of Case No. 1568 of 2025 (Sbhubham Gupta Vs. Kavita Gupta), filed under Section 13 of the Hindu Marriage Act, 1955 from the Court of Principal Judge, Family Court, Bahraich to a Court of equivalent jurisdiction at Lucknow.

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 17.04.2022 as per the Hindu rites and customs and out of their wedlock one child, namely Rudra Gupta was born on 09.10.2023. After sometimes of the marriage, the opposite party and his family members demanded Rs.10,00,000/- as dowry, consequently, the applicant was subjected to physical and mental harassment by the opposite party and his family members for want of additional dowry and ultimately she was compelled to leave her matrimonial house and since then she is residing with her parents at Lucknow. It is alleged that the applicant has filed an application under Section 144 of B.N.S.S. for maintenance before the Court of learned Principal Judge, Family Court, Lucknow and apart from that the applicant under compelling circumstances has also filed a Misc. Case No. 1620 of 2026, under Section 12 of the Domestic Violence Act before the learned Additional Chief Judicial Magistrate, Court No. 30, Lucknow. It is further contended that the opposite party is the permanent resident of Lucknow and he

TACL No. 94 of 2026

2

himself has given his residential address of Lucknow while he has filed Case No. 1568 of 2025 (Sbhubham Gupta Vs. Kavita Gupta), under Section 13 of the Hindu Marriage Act, 1955 in the Court of Principal Judge, Family Court, Bahraich just to harass the applicant. It is alleged that due to the financial constraints as well as unavoidable personal difficulties, the applicant, being a house-wife having no independent source of income; no male member in her family to accompany her, is unable to attend the Court proceedings at Bahraich, which is approximately 125 Kms. away from Lucknow, as such, she wants the transfer of the case from Bahraich to Lucknow.

On being asked, whether there is any possibility of amicable settlement between the parties through the process of mediation, learned counsel for the applicant stated that his client is willing to settle the dispute amicably through the Mediation and Conciliation Centre of this Court.

Therefore, in order to ascertain the consent of the parties for mediation, it would be appropriate that the applicant as well as the opposite party remain present on the next date.

Let notice to the opposite party be served, through the Chief Judicial Magistrate, Bahraich.

Steps for service of notice be taken within three working days.

Learned counsel appearing on behalf of the applicant undertakes to ensure the personal presence of the applicant before this Court on the next date fixed.

List this case on 26.05.2026 as fresh. On that date, the applicant as well as the opposite party shall appear in person before this Court.

The Senior Registrar of this Court shall ensure the communication of this order to the Chief Judicial Magistrate, Bahraich, for its compliance.

(Syed Qamar Hasan Rizvi,J.)

May 14, 2026 Virendra

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