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2021 DAILYLAW 1700 (ALL)

SOHANI SINGH v. SRI GOPAL KRISHNA GUPTA

TACL/615/2021 · 2026-05-04

Y K Srivastava

body2021

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CIVIL) No. - 615 of 2021 Court No. - 35 HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J. Heard Sri Shrinath, learned counsel for the applicant and Sri Ashutosh Kumar Singh, learned counsel for the opposite party. Present application has been preferred by the Applicant-wife under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Case No. 379 of 2019 (Sri Gopal Krishna Gupta vs. Smt. Sohani Singh), under Section 13 of the Hindu Marriage Act, 1955 from the Court of the Principal Judge, Family Court, Moradabad to the Principal Judge, Family Court, Kanpur Nagar. The order-sheet of the case indicates that on 22.11.2021, when the case was taken up, this Court, upon considering the submissions made on behalf of the applicant that after the marriage of the applicant with the opposite party was solemnized in the year 2018, there arose a matrimonial dispute and consequently the applicant was residing at her parental home at Kanpur Nagar, directed issuance of notice and stayed the further proceedings of the matrimonial case. Contention of the counsel for the applicant is that on the one hand applicant was forced to leave her matrimonial home for demand of dowry and on the other hand, he has filed a case under Section 13 of the Hindu Marriage Act in order to harass the applicant. It is further contended that applicant having no source of income is fully dependent upon her brother and sister, and the complaint case no. 6629 of 2019 and complaint case no. 8770 of 2019 are stated to be pending at Kanpur Nagar. Versus Counsel for Applicant(s) : Shrinath Counsel for Opposite Party(s) : Ashutosh Kumar Singh, Dewendra Singh, Shabana Nizam Sohani Singh .....Applicant(s) Sri Gopal Krishna Gupta .....Opposite Party(s) Counsel appearing for the opposite party, without admitting the allegations made by the applicant, has very fairly submitted that he has instructions to state that the opposite party does not object to the transfer of the case to Kanpur Nagar, as sought by the applicant. This Court, in its recent decisions in Smt. Akansha Saxena v. Shikhar Saxena, 2026 (3) ADJ 104, and Smt. Arju @ Vimal v. Umakant Parasar, 2026 (3) ADJ 66 has observed that in matrimonial cases, the convenience of the wife must be looked into; the cardinal principle for exercise of power under Section 24 CPC being that the ends of justice should be subserved. In view of the aforesaid discussions, and particularly in view of the hardship that has been pleaded by the applicant and the categorical "No Objection" expressed on behalf of the Opposite Party, this Court is of the considered opinion that the present case is a fit one for exercise of power under Section 24 CPC. The transfer sought, being by consent of the parties and in furtherance of justice, deserves to be allowed. Accordingly, Civil Misc. Transfer Application is allowed with the following directions: (i) The proceedings of Case No. 379 of 2019 (Sri Gopal Krishna Gupta vs. Smt. Sohani Singh), under Section 13 of the Hindu Marriage Act, 1955, are hereby withdrawn from the Court of the Principal Judge, Family Court, Moradabad and transferred to the Court of the Principal Judge, Family Court, Kanpur Nagar. (ii) The Principal Judge, Family Court, Moradabad is directed to transmit the entire case record to the Transferee Court at District Kanpur Nagar within fifteen days from the date of receipt of a certified copy of this order. (iii) The Transferee Court shall proceed with the matter from the stage at which it was transferred and shall endeavor to conclude the proceedings expeditiously. May 5, 2026 Imroz TACL No. 615 of 2021 2 (Dr. Yogendra Kumar Srivastava,J.) Digitally signed by :- MOHAMMAD IMROZ KHAN High Court of Judicature at Allahabad