Neutral Citation No. - 2025:AHC-LKO:27286 Court No. - 8 Case :- TRANSFER APPLICATION (CIVIL) No. - 25 of 2025 Applicant :- Akansha Gupta Opposite Party :- Arjun Kasaudhan Counsel for Applicant :- Lokendra Kumar Gupta,Mohd. Moin Khan,Sumit Gupta Counsel for Opposite Party :- Manish Kumar Gupta,Mohd. Arshad Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner as well as learned counsel for the respondent. The instant petition has been preferred under Section 24 C.P.C. seeking transfer of the proceedings from the Principal Judge, Family Court at Raebareli bearing Case No. 1412 of 2024 to the appropriate Court in District Lucknow. The submission of learned counsel for the petitioner is that the petitioner and the respondents were married on 15.12.2018, however, on account of the matrimonial fall out, the petitioner along with her minor son was turned out from her matrimonial home and now she is residing with her parents in District Lucknow. It is stated that the petitioner has initiated proceedings under Section 144 of the BNSS as well as Section 12 of the Domestic Violence Act, however, in both the cases, no interim maintenance was awarded, though, the respondent has been served with the aforesaid proceedings but he has not put in appearance. It is urged that the respondent on the other hand had initiated proceedings under Section 13 of the Hindu Marriage Act which is engaging the attention of the Principal Judge, Family Court at Raebareli and the petitioner being a lady along with her minor son is not capable of contesting the proceedings on account of lack of finances as well as having a robust family support system and for the said reason, she is unable to attend the day to day proceedings at Raebarli. The learned counsel for the respondent on the other hand submits that it is the petitioner who had meted out the cruelty with the respondent and for the said reason, the respondent could not stay with the petitioner. The allegations made in the transfer application are false and the petitioner can very well contest the proceedings at Raebareli. Having considered the aforesaid submissions and from the perusal of the material on record including the considering the dictum of the Apex Court in 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. In the instant case, it is not disputed that the petitioner has initiated proceedings under Section 9 of the Hindu Marriage Act whereas the respondent has initiated proceedings under Section 13. 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. 13. Considering the aforesaid facts and circumstances, this Court is of the opinion that ends of justice can be met by transferring Regular Suit No.1412 of 2024 (Akansha Gupta Vs. Arjun Kasaudhan) pending before the Principal Judge Family Court at Raebareli to the Principal Judge, Family Court District Lucknow. The transferree Court at Raebareli shall transfer the record of the Case No. 1412 of 2024 to the Principal Judge, Family Court at Lucknow along with an application filed by the petitioner under Section 144 BNSS after affording full opportunity of hearing to the parties but without granting any unnecessary adjournment to either of the parties shall decide the same as expeditiously as possible so that the proceedings can be taken to its logical conclusion. 14. With the aforesaid observations, the petition stands allowed. No order as to costs. Order Date :- 7.5.2025 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