Neutral Citation No. - 2025:AHC-LKO:29022 Court No. - 8 Case :- TRANSFER APPLICATION (CIVIL) No. - 223 of 2024 Applicant :- Arti Kashyap Opposite Party :- Shiva Counsel for Applicant :- Rupesh Kumar Kasaudhan,Anurag Maurya,Prashant Agarwal Counsel for Opposite Party :- Prabh Jot Kaur,Hershpreet Kaur Hon'ble Jaspreet Singh,J. Heard Sri Prashant Agarwal, learned counsel for the applicant as well as the learned counsel for the respondent. The instant application has been preferred under Section 24 of C.P.C. seeking transfer of Matrimonial Old Case (R.S.) No. 1416 of 2012 and New Case No. 214 of 2017, Shiva v. Arti Kashyap (Under Section 13(i) & (ia & b) of the H.M. Act) pending in the court of Learned Principal Judge, Family Court, Lucknow, to any other court at Family Court Lucknow or in alternative to any neighbouring City such as Barabanki, Sitapur, Unnao or whereever this Hon'ble Court deems fit and proper in the circumstances of the matter. Submission of the learned counsel for the applicant is that the applicant was married with the opp. party on 11.07.1994 and from the said wedlock a daughter was born on 13.07.1997. There was a matrimonial fall out between the applicant and the opp. party. They are staying separately. The applicant instituted a petition under Section 125, Cr.P.C., registered as Case No. 919 of 2001 (later on renumbered as 1773 of 2017), which came to be dismissed on 29.08.2018, against which she has preferred a criminal revision, which is pending before this Court. It is submitted that the opp. party instituted a suit under Section 13 of the Hindu Marriage Act, wherein attempts have been made to delay the proceedings. It is further urged that when the matter was pending before the Addl. Principal Judge, Family Court, Lucknow, an administrative order dated 20.04.2024 had been passed, by which files from Serial No. 85 to 100 were to be transferred from the Court of Addl. Principal Judge, Family Court, Lucknow, to the Court of Principal Judge, Family Court, Lucknow, and it is the case of the applicant that this particular file also fell within the bracket in terms of the order dated 20.04.2024, hence it was transferred to the Court of Principal Judge, Family Court, Lucknow. It was further submitted that subsequently on 24.04.2024, i.e. almost after four days another administrative order was passed, in terms whereof the earlier administrative order, whereby the files were transferred, had been stayed. It is clearly indicated that the said files would revert back to the Court where the matter was pending and in the aforesaid circumstances case of the petitioner also should have gone back to the Court of Addl. Principal Judge, Family Court, Lucknow, however, the same file was retained by the Principal Judge and in the said circumstances applicant also moved an application in the Court concerned bringing it to the notice of the Presiding Officer, however, same came to be rejected by means of order dated 27.09.2024 and this instant application has been preferred seeking transfer. The aforesaid submissions are controverted by the learned counsel for the opp. party, who submits that deliberate attempts are being made to delay the proceedings which are pending since 2012. The opp. party is paying the maintenance and under the said circumstances where there is a clear deliberation to delay the proceedings, transfer of application deserves to be dismissed. Having heard learned counsel for the parties, a fact which could not be disputed by the learned counsel for the opp. party is that the matter was admittedly pending in the Court of Addl. Principal Judge, Family Court-I, at Lucknow. It also could not be disputed that by the Administrative Order No. 73 of 2024 dated 20.04.2024 cases were transferred to the Court of Principal Judge, Family Court, Lucknow. It also could not be disputed that after four days an order has been passed bearing Administrative Order No. 87 of 20247 in terms whereof earlier order No. 73 of 2024 was stayed, as a consequence thereof, the matter should have gone back to where it was pending, i.e. Addl. Principal Judge, Family Court, Lucknow. In the aforesaid circumstances even when the position was brought to the notice of the Court, same was not considered, rather, the order indicates that the court has noticed the statements of the applicant and the opp. party and continued to proceed with the matter. Be that as it may, this Court at this stage may not delve into the issues regarding the actions of the Principal Judge, Family Court. Since the applicant has moved an application for transfer and there are eight Courts of Additional Judges, Family Court, Lucknow, hence, this Court in the ends of justice and to ally any dispute between the parties is of the opinion that ends of justice would be met by directing the Principal Judge, Family Court, Lucknow, to transfer R.S. No. 1416 of 2012 (New Case No. 214 of 2017), Shiva v. Arti Kashyap, to the Court of Addl. Principal Judge, Family Court- IV, at Lucknow forthwith. It is also provided that the transferee Court shall, after affording full opportunity of hearing, but without granting any unnecessary adjournment, shall proceed with the matter on weekly basis, to ensure that the matter is taken to its logical conclusion, within 4 months. The parties shall appear before the Addl. Principal Judge, Family Court-IV, Lucknow on 19.05.2025. With the aforesaid observations, this application is allowed. Costs are made easy. (Jaspreet Singh, J.) Order Date :- 16.5.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench