E Court Neutral Citation No. - 2025:AHC-LKO:39132 Court No. - 7 Case :- TRANSFER APPLICATION (CIVIL) No. - 253 of 2024 Applicant :- Vivek Chauhan Opposite Party :- Shefali Singh Counsel for Applicant :- Pranav Agarwal,Anumita Chandra Counsel for Opposite Party :- Vishal Kumar Upadhyay along with Case :- TRANSFER APPLICATION (CIVIL) No. - 264 of 2024 Applicant :- Vivek Chauhan And 2 Others Opposite Party :- Shefali Singh, Through Power Of Attorney Dr. Sanjay Singh Counsel for Applicant :- Pranav Agarwal,Anumita Chandra Counsel for Opposite Party :- Vishal Kumar Upadhyay Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the applicant, Sri Vishal Kumar Upadhyay, learned counsel for the respondent and perused the record. 2. The present application has been filed by the applicant seeking transfer of proceedings instituted by the respondent under Section 12 of the Hindu Marriage Act at Lucknow as well as the transfer of proceedings under Section 12 of the Domestic Violence Act, which has also been instituted at Lucknow. 3. The contention of the applicant is that the applicant and the respondent were married at Gautam Budh Nagar. The applicant is a permanent resident of Gautam Budh Nagar and the respondent stays and works in Singapore, however, the proceedings under the Hindu Marriage Act were filed in person by the opposite party at Lucknow and the Domestic Violence Act proceedings were filed through a power of attorney holder, who is normally said to be residing at Lucknow. 4. It is argued by the counsel for the respondent that the proceedings were instituted by the respondent herself at Lucknow keeping in view the fact that she was staying at Lucknow with her relative at that point of time when the proceedings were instituted. 5. Admittedly, the respondent is now staying at Singapore, however her power of attorney and her relative is staying at Lucknow, who is pursuing the matter. 6. In the light of the said, the counsel for the applicant argues that in terms of the mandate of Section 19(iii)(a) of the Hindu Marriage Act, the proceedings cannot or could not have been instituted at Lucknow and in any case, cannot be continued at Lucknow as none of the parties are residing at Lucknow and the marriage was also solemnized at Gautam Budh Nagar. Similarly, no cause of action accrued for institution of the proceedings under the Domestic Violence Act at Lucknow. In support of his contention, he places reliance on the following judgment:- (i) Kunapareddy Versus Kunapareddy Swarna Kumari and Others, MANU/SC/0628/2016; 7. The counsel for the respondent states that the relative of the respondent, who is pursuing the matter and is a power of attorney holder, is a resident of Lucknow and as such, is taking care of the cases on behalf of the respondent at Lucknow. It has also been argued by the counsel for the respondent that criminal proceedings instituted under D.V. Act cannot be transferred in exercise of power under Section 12. In support of his contention, he places reliance on the following judgments: (i) Saleem Ahmad Versus State of U.P. and others, MANU/UP/1558/2024; (ii) Dinesh Kumar Yadav Versus State of U.P. and another, LAWS(ALL)-2016-10-70; (iii) Arul Daniel and others Versus Suganya and Others, MANU/TN/8422/2022; 8. Considering the submissions and the mandate of Section 24(v) of CPC, this Court is well and duly empowered to transfer the proceedings from a Court having no jurisdiction. Considering the mandate of Section 24(v) and the fact that none of the parties are staying at Lucknow, the proceedings of Case No. 3240 of 2022 pending in the Court of Senior Judge, Court No. 4, Family Court, Lucknow as well as Case No. 4730 of 2022 pending in the Court of Additional Chief Judicial Magistrate-V, Lucknow under Section 12 & 23 of Protection of Women from Domestic Violence Act are transferred to the Court of competent jurisdiction at Gautam Budh Nagar. 9. In the result, both the applications are allowed. Order Date :- 9.7.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench