Neutral Citation No. - 2025:AHC-LKO:25205 Court No. - 8 Case :- TRANSFER APPLICATION (CIVIL) No. - 271 of 2024 Applicant :- Kalpana Yadav Opposite Party :- Pushpendra Kumar Yadav Counsel for Applicant :- Puneet Saxena,Anurag Trivedi,Sanjeev Kumar Singh Hon'ble Jaspreet Singh,J. 1. Heard learned counsel for the petitioner. 2. None appeared on behalf of the respondent. 3. The record indicates that the notice was issued to the respondent and vide office report dated 22.1.2025, service on respondent was found sufficient, yet neither any objections have been filed nor any Vakalatnama has been filed on behalf of respondent. 4. This Court in its order dated on 7.4.2025 had noticed that in case if the learned counsel for the parties do not appear on the next date, the matter shall be heard on its own merits. 5. Today again, as noticed above, none has put in appearance on behalf of the respondent. Accordingly, the court has heard learned counsel for the petitioner in the absence of respondent's counsel. 6. The instant application has been preferred under Section 24 C.P.C. seeking transfer of proceedings initiated by the respondent under Section 9 of the Hindu Marriage Act bearing Matrimonial Suit No.443 of 2024 (Pushpendra Kumar Yadav Vs. Smt. Kalpana Yadav) pending before the Principal Judge, Family Court, Unnao to the appropriate court at Lucknow. 7. The submission of learned counsel for the petitioner is that the petitioner and respondent were married on 30.11.2011, however on account of matrimonial discord, the petitioner is residing with her parents in District Lucknow. 8. It is urged that the petitioner has initiated proceedings under Section 12 of the Protection of Women from Domestic Violence Act, 2005 whereas the respondent has initiated proceedings in District Unnao under Section 9 of the Hindu Marriage Act. It is urged that the applicant does not have any financial support nor she is in a position to travel to Unnao to contest the said proceedings. and in any case since the petition preferred by the petitioner under Section 12 of the Domestic Violence Act is pending at Lucknow, as such the suit under Section 9 of the Hindu Marriage Act filed by the respondent in Unnao may be transferred to Lucknow. 9. Having considered the aforesaid submissions and in absence of any objection as also noticing the dictum of 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, this Court is of the view that the ends of justice can be met by directing the transfer of Matrimonial Suit No.443 of 2024 (Pushpendra Kumar Yadav Vs. Smt. Kalpana Yadav) from the court of Principal Judge, Family Court, Unnao to the Court of Principal Judge, Family Court, Lucknow. 10. Accordingly, the present transfer application is allowed. Principal Judge, Family Court, Unnao shall forthwith transfer Matrimonial Suit No.443 of 2024 (Pushpendra Kumar Yadav Vs. Smt. Kalpana Yadav) to the Court of Principal Judge, Family Court, Lucknow who upon receipt of the record of case under Section 9 of the Hindu Marriage Act from the Unnao, shall attempt to consider and decide without granting any unnecessary adjournment to either of the parties most expeditiously so that the proceedings can be taken to its logical conclusion, as expeditiously as possible. Order Date :- 1.5.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench