Neutral Citation No. - 2025:AHC-LKO:15683 Court No. - 5 Case :- TRANSFER APPLICATION (CIVIL) No. - 122 of 2024 Applicant :- Pratima Tiwari @Pratima Bajpai Opposite Party :- Dharmendra Kumar Tiwari @ Dharmendra Tiwari Counsel for Applicant :- Anil Kumar Mishra Hon'ble Abdul Moin,J. 1. Heard learned counsel for the applicant. 2. Despite the notice having been issued to opposite party, nobody has responded on his behalf. As per the Office Report dated 16.07.2024, the service of notice is deemed sufficient upon the opposite party. Thus, this Court proceeds ex-parte against him. 3. Instant application under Section 24 CPC has been filed praying for transfer of Matrimonial Case No. 1557 of 2023 in re: Dharmendra Kumar Tiwari @ Dharmendra Tiwari Vs. Pratima Tiwari @Pratima Bajpai filed under Section 13 of the Hindu Marriage Act, 1955 from the Court of learned Principal Judge, Family Court, Raebareli to the competent Court of District, Sultanpur. 3. Contention of learned counsel for the applicant is that the parties have got married on 23.02.2017. After the marriage, dispute cropped up between the parties. Also there are two daughters who have been born on account of the wedlock. 4. On account of the cruelty meted out by the opposite party and his family members, the applicant returned back to her matrimonial home at Amethi and thereafter, an FIR at Police Station - Shivgarh, District- Raebareli registered as Case Crime No. 449 of 2023, under Sections 323, 498-A, 506 IPC and Sections 3/4 Dowry Prohibition Act was lodged by the father of the applicant. 5. Learned counsel for the applicant also stated that a case under Section 125 Cr.P.C. has been filed by the applicant and her two minor daughters in the Court of Principal Judge, Family Court, Sultanpur and the case is also pending there. The contention is that the applicant and her old father cannot come from Amethi (her hometown) to Raebareli for the pairavi of the case. Placing reliance on the judgments of the Apex Court in the cases of Neelam Pathak vs. Alok Kumar Bharti reported in (2004) 13 SCC 687 and Pratibha Khemka vs. Sanjay Kumar Khemka reported in (2004) 13 SCC 686, learned counsel for the applicant argues that the Apex Court has categorically laid down that the convenience of the lady should be kept in mind in matrimonial proceedings. 6. Nobody has responded on behalf of the opposite party as such this Court has gone through the pleadings on record with the assistance of learned counsel for the applicant. 7. From perusal of records, it emerges that instant application under Section 24 CPC has been filed praying for transfer of Matrimonial Case No. 1557 of 2023 in re: Dharmendra Kumar Tiwari @ Dharmendra Tiwari Vs. Pratima Tiwari @Pratima Bajpai filed under Section 13 of the Hindu Marriage Act, 1955 from the Court of learned Principal Judge, Family Court, Raebareli to the competent Court of District, Sultanpur. The reasons indicated in the application for transfer of the case are to the effect that (a) applicant has two minor daughters to take care of, and (b) applicant and her old father cannot come to Raebareli for pairvi of the case. 8. Accordingly, keeping in view the aforesaid discussions and judgments of the Apex Court in the cases of Neelam Pathak (supra) and Pratibha Khemka (supra), wherein it has been held that the convenience of the lady should be kept in mind in matrimonial proceedings, the present application is allowed. 9. Let the Matrimonial Case No. 1557 of 2023 in re: Dharmendra Kumar Tiwari @ Dharmendra Tiwari Vs. Pratima Tiwari @Pratima Bajpai filed under Section 13 of the Hindu Marriage Act, 1955 be transferred from the Court of learned Principal Judge, Family Court, Raebareli to the competent Court of District Sultanpur, in accordance with law, within a period of four weeks from the date of receipt of a certified copy of this order. Order Date :- 17.3.2025 Mohit Singh/- E-Court Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench