Neutral Citation No. - 2025:AHC-LKO:2388 Court No. - 19 Case :- TRANSFER APPLICATION (CIVIL) No. - 219 of 2024 Applicant :- Poonam Kanaujia Opposite Party :- Aavesh Counsel for Applicant :- Abhishek Yadav,Santosh Kumar Counsel for Opposite Party :- Arpan Prakash Srivastava Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned counsel for opposite party. 2. Application under Section 24 of the Code of Civil Procedure has been filed seeking transfer of Regular Suit No. 701 of 2021 instituted by opposite party under Section 13 (1) of the Hindu Marriage Act from the Court of Principal Judge, Family Court, Faizabad to Lucknow. 3. It has been submitted that learned counsel for applicant that after separation, applicant is residing currently with her parents at Lucknow and is finding great difficulty in attending to the case at Faizabad. It is submitted that another case under Section 12 of the Domestic Violence Act, 2005 bearing Criminal Misc. Case No. 6392 of 2021 is also pending at Lucknow. It is submitted that in the year 2023, applicant had been temporarily posted at Faizabad being a Government Teacher and resided there but her permanent address is at Lucknow. 4. Learned counsel for opposite party has refuted submissions advanced by learned counsel applicant with the submission that applicant in fact still resides at Faizabad where she is posted as Government Teacher and where the opposite party also resides being posted as Government Teacher. It is, therefore, submitted that there is no occasion for the suit to be transferred to Lucknow. 5. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, the aspect that applicant's permanent address is at Lucknow where a parents resides is undisputed. 6. It is also undisputed that applicant is a Government Teacher and can be posted anywhere in the State at Lucknow and in October, 2023 was posted at Faizabad. 7. It is also admitted between the parties that another proceeding as indicated hereinabove is already pending between the parties 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 Sha reported in (2022) 6 SCR 1085 and applicability of the said judgment in the present facts and cirucmstances of the case, the Regular Suit No. 701 of 2021 stands transferred from the Court of Principal Judge, Family Court Faizabad to Family Court, Lucknow. 9. The application, therefore, stands allowed. Order Date :- 15.1.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench