Neutral Citation No. - 2025:AHC-LKO:33031 Court No. - 8 Case :- TRANSFER APPLICATION (CIVIL) No. - 31 of 2025 Applicant :- Soni Opposite Party :- Principal Judge Family Court, Lucknow And Another Counsel for Applicant :- Jaikaran Counsel for Opposite Party :- Digvijai Singh,Hemant Kumar Hon'ble Jaspreet Singh,J. (C.M.A.No.IA/3/ 2025) 1. Heard Shri Jaikaran, learned counsel for the petitioner and Shri Hemant Kumar, learned counsel for the respondent no.2. 2. The instant application has been moved by the applicant/petitioner seeking recall of the order dated 14.5.2025 whereby the Court had dismissed the application for transfer for want of prosecution. A copy of the said application has been served to Shri Hemant Kumar, leaned counsel for the respondent who opposes the said recall application. 3. However, considering the ground shown in the affidavit to be sufficient, the application for recall is allowed. Order dated 14.5.2025 is hereby recalled. Transfer application is restored to its original number, forthwith. On Merits 4. With the consent of the learned counsel for the parties, the court has thereafter proceeded to hear the transfer application on merits. 5. Submission is that the applicant and the respondent no.2 were married on 9.5.2022. However, on account of matrimonial discord, the applicant was turned out from her matrimonial home and she started residing with her parents in District Raebareli. The petitioner has also initiated criminal proceedings against the respondent by filing an F.I.R. before the appropriate police station in District Raebareli. It is also urged that in retaliation, the respondent no.2 has initiated a suit under Section 11 of the Hindu Marriage Act bearing R.S.No.3749 of 2024 before the Principal Judge, Family Court, Raebareli. 6. Contention of the learned counsel for the petitioner is that she is not in position to travel and contest the proceedings at Lucknow apart from the fact that she does not have financial support and in such circumstances, it is most distressing to contest the proceedings at Lucknow by travelling from Raebareli. 7. Learned counsel for the respondent no.2 has opposed the application for transfer and submits that it was specifically stated in the counter affidavit that a distance between the Family Court at Raebareli and the Family Court at Lucknow is almost similar and there may be a distance of merely 10-15 kilometers and in such circumstances, it cannot be said that there is any prejudice being caused to the petitioner at Lucknow. 8. Be that as it may, considering the aforesaid facts and circumstances as well as also 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, the preference of venue would be given to the lady. 9. In the aforesaid circumstance, this Court does not find that there is any legal impediment and the ends of justice can be met by directing the transfer of proceedings filed by the respondent at Lucknow bearing proceedings of Case No.3749 of 2024 (supra) to appropriate court in Raebareli. 10. Accordingly, the present transfer application is allowed. Principal Judge, Family Court, Lucknow shall forthwith transfer Case No.3749 of 2024 ( Arun Rawat Vs. Soni) to the Principal Judge, Family Court in Raebareli who upon receipt of the record of case under Section 11 of the Hindu Marriage Act from the Lucknow, shall attempt to consider and decide the said suit without granting any unnecessary adjournment to either of the parties and most expeditiously so that the proceedings can be taken to its logical conclusion, as expeditiously as possible. 11. In case if any of the parties misuse the liberty and procrastinate the litigation, the court concerned shall be well within its competence to impose appropriate costs progressively in the light of the principles laid down by the Apex Court in case of Vinod Seth Vs. Devinder Bajaj and another : (2010) 8 SCC 1. Order Date :- 29.5.2025/Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench