Neutral Citation No. - 2025:AHC-LKO:22767 Court No. - 8 Case :- TRANSFER APPLICATION (CIVIL) No. - 195 of 2019 Applicant :- Smt. Kahkashan Khanam Opposite Party :- Prin. Judge Family Court Lucknow And Another Counsel for Applicant :- Chandra Shekhar Singh Yad,Bajhul Quamar Siddiqui Hon'ble Jaspreet Singh,J. 1. Heard the learned counsel for the petitioner. None has put in appearance on behalf of the respondent no.2. 2. The record indicates that notices were issued to the respondent no.2 and as per office report dated 06.01.2025, notice on the respondent was deemed sufficient. Despite the same, certain dates were fixed but none has put in appearance nor any objections have been filed. It is in the aforesaid backdrop, the Court has proceeded to hear the counsel for the petitioner. 3. By means of the petition, the petitioner seeks transfer of Case No.363 of 2025 (Mahmood Ali Khan Vs. Smt. Kahkashan Khanam) pending before the Principal Judge, Family Court at Lucknow to the appropriate court in District Hardoi. 4. Submission of the learned counsel for the petitioner is that the petitioner and the respondent no.2 were married on 08.01.2008. However, on account of matrimonial discord, the petitioner was turned out from her matrimonial home and she alongwith minor daughter is now residing alongwith her parents in District Hardoi whereas the son of the petitioner is residing with the respondent no.2. 5. It is also pointed out that the petitioner had instituted a petition under Section 125 Cr.P.C. bearing Case No.2237 of 2010. The petitioner had also initiated proceedings under Section 12 of the Domestic Violence Act and also filed a complaint under the relevant sections of the IPC for demand of dowry. 6. It is urged that the respondent has put in appearance in the cases at Hardoi. However, no amount of maintenance has been granted by any of the courts either interim or otherwise. It is urged that in the aforesaid backdrop the petitioner alongwith her minor daughter is unable to contest the proceedings at Lucknow and thus it is prayed that the suit be transferred to the District Hardoi. 7. Considering the aforesaid and noticing the dictum of the Apex Court in the case of Leena Mukherjee Vs. Rabi Shankar Mukherjee reported in 2002 (10) SCC 480, in the case of Pratibha Khemka Vs. Sanjay Kumar Khemka reported in 2004 (13) SCC 686, in the case of Neelm Kanwar Vs. Devinder Singh Kanwar reported in 2000 (1) SCC 589 and in the case of N.C.V. Aishwarya Vs. A.S. Saravana Karthik reported in 2022 SCC OnLine SC 1199 wherein it has been held that in matrimonial litigation, a transfer petition at the behest of the wife must be considered liberally and her preference be given precedence. 8. In view of the aforesaid facts and circumstances, this Court is of the opinion that ends of justice can be met by transferring Regular Suit No.636 of 2015 pending before the Principal Judge Family Court at Lucknow to the Principal Judge, Family Court District Hardoi who upon receiving the record of case from the Lucknow Court as well as the order passed by this Court shall take up the said matter alongwith petition under Section 125 Cr.P.C. pending before the said court either by himself or before the appropriate Additional Principal Judge to decide the proceedings without granting any unnecessary adjournment to either of the parties most expeditiously so that the proceedings can be taken to its logical conclusion, say within ten months. 9. With the aforesaid observations, the petition stands allowed. Costs are made easy. Order Date :- 22.4.2025 ank Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench