HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CIVIL) No. - 299 of 2023 Court No. - 35 HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J. Heard Sri Chandra Dubey, holding brief of Sri Manvendra Dixit, learned counsel for applicant and Sri Shambhavi Nandan, 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 Divorce Petition No. 748 of 2022 (Lavkush Prajapati vs. Neetu Prajapati), filed under Section 13(1)(1Ka)(1Kha) of the Hindu Marriage Act, 1955 from the Court of the Principal Judge, Family Court, Deoria to the Principal Judge, Family Court, Varanasi. It is pointed out that on the basis of the submissions of the learned counsel for the applicant, notices were issued by the order dated 05.04.2023. Subsequently, on 03.05.2023, counsel appearing for both the parties submitted that the parties had expressed their desire for amicable settlement of the dispute and in view of said submissions, an order was passed staying further proceedings of the divorce petition. Today, upon the case being taken up, counsel appearing for the opposite party submits that no counter affidavit is proposed to be filed by the opposite party and he has instructions to state that the opposite party does not object to the transfer of the case to Varanasi, as sought by the applicant. Versus Counsel for Applicant(s) : Ashok Kumar Tripathi (Now Ashok Tripathi), Manvendra Dixit Counsel for Opposite Party(s) : Shambhavi Nandan Smt. Neetu Prajapati .....Applicant(s) Lavkush Prajapati .....Opposite Party(s) 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 Divorce Petition No. 748 of 2022 (Lavkush Prajapati vs. Neetu Prajapati), filed under Section 13(1)(1Ka)(1Kha) of the Hindu Marriage Act, 1955, are hereby withdrawn from the Court of the Principal Judge, Family Court, Deoria and transferred to the Court of the Principal Judge, Family Court, Varanasi. (ii) The Principal Judge, Family Court, Deoria is directed to transmit the entire case record to the Transferee Court at District Varanasi 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. 299 of 2023 2 (Dr. Yogendra Kumar Srivastava,J.) Digitally signed by :- MOHAMMAD IMROZ KHAN High Court of Judicature at Allahabad