Neutral Citation No. - 2025:AHC-LKO:18985 Court No. - 8 Case :- TRANSFER APPLICATION (CIVIL) No. - 249 of 2024 Applicant :- Anjali Opposite Party :- Sonu Counsel for Applicant :- Rajat Pratap Singh Counsel for Opposite Party :- Santosh Kumar,Dinesh Kumar Hon'ble Jaspreet Singh,J. 1. Heard learned counsel for the applicant. None has put in appearance on behalf of the respondent to argue the case. 2. As per office report dated 19.02.2024, notice has been sent to the respondent and Vakalatnama on his behalf has been filed by S/Shri Santosh Kumar and Dinesh Kumar Advocates, but none of them has put in appearance or filed objection to contest the matter. 3. In the aforesaid backdrop, this Court has heard learned counsel for the applicant. 4. The instant application has been preferred under Section 24 of the Civil Procedure Code, 1908, seeing transfer of Case No.713 of 2023 (Sonu Vs. Anjali) filed under Section 13(1) of the Hindu Marriage Act, pending in the Court of Additional Principal Judge, Court No. 5, Family Court, Lucknow to an appropriate Court at Hardoi. 5. Submission of learned counsel for the applicant is that the applicant and the respondent were married in the year 2011, however, on account of matrimonial dispute, applicant was forced to leave her matrimonial home and now she is residing along with her father in district Hardoi. The applicant has instituted proceedings under section 125 CrPC before the appropriate Court in Hardoi, however, the respondent though has put in appearance but no maintenance has been paid or awarded. It is also submitted that the applicant has instituted a criminal complaint against the respondent who in retaliation has instituted the proceedings under Section 13(1) of the Hindu Marriage Act, which is engaging the attention of the Additional Principal Judge, Court No. 5, Family Court, Lucknow. It is urged that the applicant is a lady and she is not sufficiently supported either in terms of finance or in terms of robust family support system and, therefore, she is unable to contest the proceedings on each date at Lucknow. It has been further urged that the Apex Court in several cases has held that so far as the transfer in matrimonial matters are concerned, the precedence is to be given to the lady applicant. 6. In the aforesaid circumstances, it has been prayed that proceedings of Case No.713 of 2023 (Sonu Vs. Anjali) filed under Section 13(1) of the Hindu Marriage Act, pending in the Court of Additional Principal Judge, Court No. 5, Family Court, Lucknow be transferred to an appropriate Court in district Hardoi. 7. I have considered the aforesaid submission and perused the material available on record. 8. Apex Court in the cases of Leena Mukherjee Vs. Rabi Shankar Mukherjee, reported in 2002 (10) SCC 480, Pratibha Khemka Vs. Sanjay Kumar Khemka reported in 2004 (13) SCC 686, Neelm Kanwar Vs. Devinder Singh Kanwar reported in 2000 (1) SCC 589 and N.C.V. Aishwarya Vs. A.S. Saravana Karthik reported in 2022 SCC Online SC 1199 has held that in matrimonial litigation, a transfer petition, at the behest of the wife must be considered liberally and also noticing her preference be given precedence. 9. This court is of the opinion that ends of justice can be met by transferring Case No.713 of 2023 (Sonu Vs. Anjali) filed under Section 13(1) of the Hindu Marriage Act, pending in the Court of Additional Principal Judge, Court No. 5, Family Court, Lucknow to the Court of Principal Judge, Family Court, Hardoi. The Principal Judge, Family Court, Lucknow shall forthwith transmit the record to the Court of Principal Judge, Family Court, Hardoi who shall on receipt of the record and the copy of the order passed by the court and after affording full opportunity of hearing to the parties but without granting any unnecessary adjournment, shall make endeavour to decide the said case preferably within a period of one year from the date of receipt of the record. 10. With the aforesaid observations/directions, the application is allowed. No order as to costs. Order Date :- 3.4.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench