Neutral Citation No. - 2025:AHC-LKO:25491 Court No. - 8 Case :- TRANSFER APPLICATION (CIVIL) No. - 14 of 2025 Applicant :- Jyoti Prajapati @ Jyoti Opposite Party :- Amrish Prajapati Counsel for Applicant :- Ravendra Pratap Singh,Anand Prakash Awasthi,Sayyead Abid Hussain Counsel for Opposite Party :- Anil Kumar Awasthi Hon'ble Jaspreet Singh,J. 1. Heard learned counsel for the petitioner, however, none appears for the respondent despite the name of Sri Anil Kumar Awasthi has been shown as counsel for the respondent. 2. This Court on 16.04.2025 had passed the following order which reads as under:- "Heard the learned counsel for the petitioner. None has put in appearance on behalf of the respondent despite the name of Shri Anil Kumar Awasthi has been shown as counsel for the respondent. In the ends of justice, the matter is passed over for the day. List this matter again on 30th of April, 2025. In case if the counsel for the respondent does not appear on the next date, the matter shall be heard in his absence. It shall also be open for the respondent to file his objection if he so desires prior to the next date." 3. Since despite the aforesaid order, the learned counsel for the respondents did not appear, accordingly, this Court has proceeded to hear the learned counsel for the petitioner. 4. The instant petition has been preferred under Section 24 C.P.C. seeking transfer of Case No. 123 of 2024 (Amrish Prajapati Vs. Jyoti Prajapati) under Section 9 of the Hindu Marriage Act pending before the Principal Judge, Family Court No. 1, Lakhimpur Kheri. 5. The submission of learned counsel for the petitioner is that the petitioner and the respondent were married on 12.07.2022, however, soon thereafter, on account of matrimonial call off, the petitioner was turned out from her matrimonial home and she is residing with her parents. 6. The petitioner has instituted proceedings under Section 12 of the Domestic Violence Act as well as filed a suit under Section 144 of the BNSS before the Principal Judge, Family Court, Lucknow seeking maintenance. 7. It is further urged that an First Information Report has also been lodged against the respondents at Lucknow and in all the three proceedings, the respondent yet not appeared. No maintenance interim order has been awarded in favour of the petitioner. 8. It is further stated that the respondent in order to harass the petitioner has instituted proceedings under Section 9 of the Hindu Marriage Act before the Principal Judge, Family Court which is now engaging the attention of the Principal Judge, Family Court No. 1, Lakhimpur Kheri. 9. It is urged that the petitioner is financially handicapped to contest the proceedings at Lakhimpur Kheri and in the aforesaid circumstances, the suit filed by the respondent under Section 9 of the Hindu Marriage Act may be transferred to the appropriate Court in District Lucknow. 10. Having considered the aforesaid submissions as well as after perusing the material on record also noticing that there is no objection from the other side as well as taking note of the dictum of the Apex Court in 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. 11.In the instant case, it is not disputed that the petitioner has initiated proceedings under Section 9 of the Hindu Marriage Act. Apart from this fact, it is always appropriate that both the proceedings which are of diverse nature be heard and decide at one place and together. 12. This Court is of the view that it is a fit case for transferring the proceedings under Section 9 of the Hindu Marriage Act bearing Case No. 123 of 2024 pending before the Principal Judge, Family Court, Court No. 1, Lakhimpur Kheri to the Principal Judge, Family Court at District Lucknow. 13. Considering the aforesaid facts and circumstances, this Court is of the opinion that ends of justice can be met by transferring proceedings of case No.123 of 2024 pending before the Principal Judge Family Court, Court No. 1 at Lakhimpur Kheri to the Principal Judge, Family Court District Lucknow. It is also provided that the Principal Judge, Family Court at Lucknow upon receiving the record of case under section 13 of the Hindu Marriage Act from the Principal Judge, Family Court, Court No. 1, Lakhimpur Kheri, shall attempt 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 eight months. 14. With the aforesaid observations, the petition stands allowed. Order Date :- 30.4.2025 Asheesh/- Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench