Court No. - 19 Case :- TRANSFER APPLICATION (CIVIL) No. - 68 of 2024 Applicant :- Reshma Sonkar Opposite Party :- Vidya Sagar Sonkar Counsel for Applicant :- Farhan Alam Osmany Counsel for Opposite Party :- Sudeep Kumar,Avdhesh Kumar Pandey Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned counsel for opposite party.. 2. On 7th May, 2024 following order had been passed:- "1. Heard learned counsel for applicant and learned counsel for opposite party. 2. Application under Section 24 of the Code of Civil Procedure, 1908 has been filed seeking transfer of Original Case No.116 of 2023 instituted by opposite party under Section 13 of Hindu Marriage Act pending in the court of Additional Principal Judge-1, Family Court, Lucknow to District Allahabad. 3. It has been submitted by learned counsel for opposite parties that aforesaid suit was decided vide ex parte judgment dated 24.11.2023 against which an Application for Recall was filed by applicant and was allowed by order dated 04.03.2024, which has been challenged by opposite party in First Appeal from Order No.65 of 2024 and is pending consideration without any interim protection being provided. 4. It is submitted that final outcome of said Appeal would have a bearing in the present Transfer Application also since in case the Appeal is allowed, it could confirm the ex parte judgment rendered in the suit proceedings due to which there will be no occasion to transfer the suit proceedings from Lucknow to Allahabad. 5. It is admitted between the parties that the said Appeal is listed today for hearing since photo copy of original record has also been transmitted. 6. Considering aforesaid submissions, it is quite evident that final out come of said Appeal would have a bearing not only upon present Transfer Application but also on the suit proceedings. 7. In view of aforesaid, till the next date of listing, proceedings of Original Case No.116 of 2023 (Vidya Sagar Sonkar v. Smt. Reshma Sonkar) pending in the court of Additional Principal Judge-1, Family Court, Lucknow shall remain stayed. 8. List this case on 05.07.2024." 3. Learned counsel for applicant submits that after separation from her husband, the applicant along with her children is residing at Allahabad in her parental house and having no independent source of income, is finding difficulty in attending to the case at Lucknow. It is submitted that a number of other cases between the parties are also pending consideration before the competent court at Allahabad with only two cases pending at Lucknow including the one for which transfer is being sought. 4. Learned counsel for opposite party has refuted submissions advanced by learned counsel for applicant with submission that looking to the nature of cases filed against opposite party, there is great apprehension that the opposite party may be implicated in any fresh F.IR. in case the matter is transferred to Allahabad. It is also submitted that not only at Allahabad but a number of cases are also pending consideration at Lucknow itself for which no transfer has been sought. 5. It is also submitted that since the first appeal is already pending consideration before this court, the outcome of present application should be deferred till decision of the appeal as indicated in the order dated 7th May, 2024. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is an admitted fact that the applicant at present is residing at Allahabad (now Prayagraj) in her parental house along with the children and does not have any independent source of income. 7. As per the chart annexed as Annexure No. C.A.8 to the counter affidavit, it is evident that at least five cases between the parties are pending at Allahabad with only two pending at Lucknow, the transfer of one of which is being sought. 8. Considering aforesaid facts and circumstances as indicated herein above as well as upon applicability of judgment rendered by Supreme Court in the case of N.C.V. Aishwarya versus A. S. Saravana Karthik, 2022 SCC Online SC 1199, miscellaneous case in terms of original case No. 116 of 2023 (Vidya Sagar Sonkar v. Smt. Reshma Sonkar) pending in the court of Additional Principal Judge-1, Family Court Lucknow shall stand transferred to the competent court in Family Court at Allahabad (now Prayagraj). Further proceedings of aforesaid miscellaneous case however shall be subject to outcome of the appeal No. 65 of 2024. 9. In terms of the aforesaid, the application stands allowed. Order Date :- 21.1.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench