Neutral Citation No. - 2025:AHC-LKO:21038 Court No. - 8 Case :- TRANSFER APPLICATION (CIVIL) No. - 193 of 2024 Applicant :- Palak Jain Opposite Party :- Praful Kumar Jain Counsel for Applicant :- Girish Chandra Verma,Alok Kumar Pandey,Roopam Mishra,Sarvesh Kumar Verma,Surya Kant Tripathi,Vinod Kumar Shukla Counsel for Opposite Party :- Drupad Upadhyay Hon'ble Jaspreet Singh,J. 1. Heard learned counsel for the petitioner and the learned counsel for the respondent. 2. The instant petition has been preferred under Section 24 C.P.C. seeking transfer of a petition preferred by the respondent under Section 13 (ia) of the Hindu Marriage Act pending before the Principal Judge, Family Court at Barabanki to the appropriate court in District Sitapur. 3. Submission of the learned counsel for the petitioner is that the petitioner and the respondent were married on 27.11.2022. However, on account of matrimonial discord, the petitioner was turned out from her matrimonial home and now she is residing with her ailing father in District Sitapur. The respondent in order to harass the petitioner has instituted a petition under Section 13 of the Hindu Marriage Act which is registered as Case No.10 of 2024 before the Principal Judge, Family Court at Barabanki. 4. It is urged that the petitioner has always been ready and willing to reside with the respondent and has also initiated proceedings under Section 9 of the Hindu Marriage Act before the Principal Judge, Family Court District Sitapur which is registered as Case No.1079 of 2024. 5. It is further urged that the petitioner has attended the proceedings before the Family Court in District Barabanki. She has filed her written statement and the suit is fixed for framing of issues and on more occasion than one the respondent has not attended the proceedings as a result the matter is lingering, without framing of issues. 6. It has also been urged that the respondent is also not attending the proceedings in District Sitapur as such there is a complete statement and in the aforesaid circumstances, it is difficult for the petitioner to contest the proceedings in Barabanki and that too without financial support. 7. Learned counsel for the respondent submits that the allegations made in the petition are not admitted. There has been a complete fall out in the marriage which compelled the respondent to initiate the proceedings under Section 13 of the Hindu Marriage Act. 8. It is further submitted that in case if the petitioner has any difficulty, she can always attend the the proceedings in District Barabanki through video conferencing and in such circumstances the transfer of the proceedings under section 13 from District Barabanki to District Sitapur may not be required. 9. It is also urged that it is the petitioner who is belligerent and due to the aforesaid reason the proceedings under section 13 had to be initiated and for the said reason the petition deserves to be dismissed. 10. Having considered the aforesaid submissions and from the perusal of the material on record, it will indicate that the proceedings under section 13 of the Hindu Marriage Act have been initiated by the respondent in District Barabanki and it has also been stated by the petitioner and in absence of a robust family support system including her ailing father, it is not feasible for her to contest the proceedings in District Barabanki as the petitioner resides in District Sitapur. 11. 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. 12. In the instant case, it is not disputed that the petitioner has initiated proceedings under Section 9 of the Hindu Marriage Act whereas the respondent has initiated proceedings under Section 13. Apart from this fact, it is always appropriate that both the proceedings which are of diverse nature be heard and decide at one place and together. 13. Considering the aforesaid facts and circumstances, this Court is of the opinion that ends of justice can be met by transferring Regular Suit No.10 of 2024 pending before the Principal Judge Family Court at Barabanki to the Principal Judge, Family Court District Sitapur where the said Case No.10 of 2024 shall be considered and decided alongwith the petition preferred by the petitioner under Section 9 of the Hindu Marriage Act. It is also provided that the Principal Judge, Family Court at Sitapur upon receiving the record of case under section 13 of the Hindu Marriage Act from the Barabanki Court shall attempt to decide the proceedings without granting any unnecessary adjournment to either of the parties most expeditiously so that the proceedings can be taken to its logical conclusion, say within eight months. 14. With the aforesaid observations, the petition stands allowed. Order Date :- 15.4.2025 ank Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench