Neutral Citation No. - 2025:AHC-LKO:4396 Court No. - 19 Case :- TRANSFER APPLICATION (CIVIL) No. - 158 of 2023 Applicant :- Smt. Priyanka Pandey Opposite Party :- Sri Dhananjay Kumar Shukla Counsel for Applicant :- Anita Tiwari,Sangeeta Singh,Sushil Prakash Pandey Counsel for Opposite Party :- Amol Dixit,Salik Ram Yadav Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned counsel for opposite party. 2. Application has been filed seeking transfer of Case No. 618 of 2017 instituted by opposite party under Section 12 of the Hindu Marriage Act from Family Court, Lucknow to Family Court Basti. 3. Learned counsel for applicant submits that after relations having become estranged between the parties, applicant is residing with her parents in District Basti but due to the fact that she does not have any independent source of income and without any maintenance amount being provided to her by her husband, she is finding a difficult to attend to the proceedings at Lucknow due to which on a number of occasions, the said proceedings were also directed to be proceeded against her ex parte which were, however, recalled. 4. Learned counsel for opposite party has refuted submissions advanced by learned counsel for applicant with the submission that applicant is deliberately avoiding proceedings of the aforesaid case at Lucknow due to which he had earlier been compelled to file petition under Article 227 of the Constitution of India bearing No. 619 of 2023 in which vide order dated 10.02.2023, directions were issued to the Family Court to ensure filing of written statement within a stipulated time period or for proceedings with the case ex parte. It was also directed that the Court concerned will make an endeavor to decide the proceedings expeditiously, preferably within a period of one year from the date a certified copy of this order was brought on record of proceedings. 5. It is submitted that despite such a direction having been issued, applicant has failed to lead her evidence due to which the proceedings are now fixed for final hearing. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is admitted that applicant after being estranged from her husband is residing with her parents at Basti and does not have any independent source of income. 7. It is also not been denied by learned counsel for opposite party that he is not providing any maintenance amount to her. The record of proceedings also substantiate submissions of learned counsel for applicant that she is unable to attend to the proceedings at Lucknow. 8. In view of judgment rendered by Hon'ble Supreme Court in the case of N.C.V. Aishwarya versus A. S. Saravana Karthik, 2022 SCC Online SC 1199, the proceedings of Case No. 618 of 2017 (Dhananjay Kumar Shukla versus Priyanka Pandey) and connected matter shall stands transferred from Family Court, Lucknow to the competent Court in Family Court, Basti. 9. The application, therefore, stands allowed. Order Date :- 22.1.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench