Neutral Citation No. - 2025:AHC-LKO:28976 Court No. - 8 Case :- TRANSFER APPLICATION (CIVIL) No. - 109 of 2025 Applicant :- Smt. Ritu Agarwal Opposite Party :- Amit Gupta Counsel for Applicant :- Aditya Vikram Singh Counsel for Opposite Party :- Deepak Shukla Hon'ble Jaspreet Singh,J. 1. Heard the learned counsel for the petitioner and Shri Deepak Shukla, learned counsel appearing for the respondent who has filed his counter-affidavit. This Court has directed the office to upload the same. 2. The instant petition has been preferred under Section 24 CPC seeking transfer of Regular Suit No.3263 of 2024 filed under section 13 of the Hindu Marriage Act (Amit Gupta Vs. Ritu Agarwal) pending before the Principal Judge, Family Court, Lucknow to the appropriate court in District Aligarh. 3. Submission of the learned counsel for the petitioner is that the petitioner and the respondent no.3 were married on 27.04.2021 from the said wedlock a male child was born on 24.12.2022. There has been a matrimonial discord between the petitioner and the respondent as such the petitioner was turned out from her matrimonial home and she is residing with her parents in District Aligarh alongwith her two years old minor son. 4. It is further urged that the minor child of the petitioner is not well and is under medical treatment apart from the fact that the petitioner is unable to attend the proceedings at Lucknow which is at a distance of more than 450 kilometers. In the aforesaid circumstances, it is urged that the Regular Suit No.3263 of 2024 be transferred to the appropriate court in Aligarh. 5. Shri Shukla, learned counsel for the respondent has objected to the aforesaid submissions and has urged that the petitioner has not indicated true and correct facts. It is urged that even though the petitioner may have instituted proceedings under section 144 BNS before the appropriate court in District Aligarh but the fact remains that the petitioner is gainfully employed and she has a handsome income. 6. It is also urged that the respondent has been threatened for his life at the behest of the petitioner and in the aforesaid circumstances, it is not safe for the respondent to visit or attend the court proceedings in Aligarh. 7. It is further submitted that the respondent has instituted an F.I.R. at Lucknow regarding the incident where the respondent was intimidated at the behest of certain persons known to the petitioner and in such circumstances if at all the transfer is to be made then it can be to any other nearby or neighbouring district but not Aligarh. 8. The Court has considered the submissions and also perused the material on record. 9. Noticing the aforesaid as well as 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 Neelam 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 also noticing her preference be given precedence. 10. Applying the aforesaid principles to the instant case, it is not disputed that the petitioner alongwith her minor two and half years old child is residing in Aligarh. It is also not disputed that the distance between Lucknow and Aligarh is more than 450 kilometers. 11. Considering the aforesaid facts and noticing that an allegation has been raised by the respondent regarding threat to his life for which he has filed an FIR which is on record but that incident relates to a period prior to filing of the suit under section 13 of the Hindu Marriage Act. 12. Be that as it may, considering the facts situation of the instant case, this Court is of the opinion that ends of justice can be met by transferring the Regular Suit No.3263 of 2024 from Principal Judge, Family Court, Lucknow to Principal Judge, Family Court at Aligarh where the Principal Judge, Family Court, Aligarh shall upon receipt of the records alongwith the copy of this order and affording full opportunity of hearing to the parties shall endeavour to decide the matter as expeditiously as possible. In case if the petitioner tries to delay the proceedings, it will be open for the Court concerned to pass appropriate order including imposing costs in terms of the decision of the Apex Court in Vinod Seth Vs. Devinder Bajaj and another (2010) 8 SCC 1. 13. It will also be open for the respondent that in case if he feels threatened with any, he shall bring the same to the notice of the court concerned who shall take note of it and pass appropriate order. 14. With the aforesaid, the petition is allowed. Costs are made easy. Order Date :- 16.5.2025 ank Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench