Neutral Citation No. - 2025:AHC-LKO:21748 Court No. - 8 Case :- TRANSFER APPLICATION (CIVIL) No. - 119 of 2024 Applicant :- Smt. Juhi Jain Opposite Party :- Sumit Kumar Jain Counsel for Applicant :- Rimjhim Singh,Manjari Singh,Vikrant Prakash Counsel for Opposite Party :- Anupam Bajpai,Pawan Kumar Dwivedi Hon'ble Jaspreet Singh,J. 1. Heard learned counsel for the petitioner. 2. None has put in appearance on behalf of the respondent despite the name of Shri Pawan Kumar Dwivedi and Shri Anupam Bajpai shown as counsel for the respondent in the additional cause list. 3. Significantly, on 07.04.2025, this Court had passed the following order which reads as under:- "Heard learned counsel for the petitioner. None has put in appearance on behalf of the respondent. In the interest of justice, the matter is passed over. List again on 17.4.2025. In case if the learned counsel for the respondent does not appear on the next date, appropriate orders would be passed. Interim order granted earlier, if any, shall continue till the next date of listing." 4. Since none has put in appearance despite opportunity the Court proceeded to hear the counsel for the petitioner. 5. The instant petition has been preferred under section 24 CPC by the petitioner seeking transfer of Case No.1016 of 2023 (Sumit Kumar Jain Vs. Smt. Juhi Jain) under Section 13 of the Hindu Marriage Act pending before the Principal Judge, Family Court Barabanki to be transferred to the appropriate court in District Bahraich. 6. Submission of the learned counsel for the petitioner is that the petitioner and the respondent were married on 08.03.2019. The petitioner has a child who was born on 07.07.2020. On account of matrimonial discord, the petitioner was turned out from her matrimonial home alongwith her young child and now she is residing with her parents in District Bahraich. 7. The petitioner has instituted proceedings under Section 125 Cr.P.C. before the Principal Judge, Family Court in District Bahraich wherein the respondent has put in appearance but no maintenance has been awarded including interim maintenance. 8. It is further urged that the respondent has initiated proceedings under Section 13 of the Hindu Marriage Act before the Principal Judge, Family Court at Barabanki only to harass the petitioner and the petitioner who is handicapped from contesting the proceedings effectively at Barabanki on account of lack of financial support robust family support system as well with a five year child. In the aforesaid circumstances, the proceedings from Barabanki be transferred to the appropriate court in District Bahraich. 9. As already noticed above, none has put in appearance on behalf of the respondent nor any objection has been filed. 10. Considering 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 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 and noticing that the petitioner has a young child and she has instituted proceedings in Bahraich where she has not been awarded any maintenance and with the respondent is appearing in the said case and since the suit of divorce between the parties is also pending, hence it will be appropriate that the suit bearing No.1016 of 2023 pending before the Principal Judge, Family Court, Barabanki be transferred to the Principal Judge, Family Court in District Bahraich. The Principal Judge, Family Court Bahraich upon receiving the record of Case No.1016 of 2023 alongwith the copy of this order shall ensure that the proceedings are taken to its logical conclusion alongwith the petition filed by the petitioner under Section 125 Cr.P.C. after affording full opportunity of hearing to the parties but without granting any unnecessary adjournment. Costs are made easy. 11. With the aforesaid, the petition is allowed. Order Date :- 17.4.2025 ank Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench