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Neutral Citation No. - 2025:AHC-LKO:22772 Court No. - 8 Case :- TRANSFER APPLICATION (CIVIL) No. - 274 of 2024 Applicant :- Priyanka Singh Opposite Party :- Raghvendra Singh Counsel for Applicant :- Brijesh Kumar Pandey,Saumya Shukla,Swatantra Dev Hon'ble Jaspreet Singh,J.
1. Heard the learned counsel for the petitioner. 2. By means of the instant petition preferred under Section 24 CPC the petitioner seeks transfer of Regular Suit No.3787 of 2023 (Priyanka Singh Vs. Raghvendra Singh) under Section 13 of Hindu Marriage Act pending before the Principal Judge, Family Court, Lucknow to the appropriate court in District Balrampur. 3. The record indicates that the notices were issued to the respondent, however, despite sufficient notice, none has put in appearance nor any objection has been filed. This was noticed by this Court in its order dated 02.04.2025 and it was observed that in case if none appeared,the matter will be heard in absence of the respondent. Despite the same none has appeared on behalf of the respondent nor any objection has been filed. 4. The Court has proceeded to hear the counsel for the petitioner who submits that the petitioner and the respondent were married on 11.02.2022. A child was born from the said wedlock, however, the respondent made unsubstantiated allegations against the petitioner on account of the aforesaid, the petitioner had to leave her matrimonial home alongwith her infant child. In such circumstances, the petitioner who at the relevant time was undertaking a nursing course at Lucknow initiated proceedings before the Principal Judge, Family Court at Lucknow. The petitioner has now joined as a nurse in the community centre and in such circumstances, it is not feasible for the petitioner to contest the proceedings in District Lucknow
especially with her infant child and her job and the petitioner is trying to make her ends meet. 5. Considering the aforesaid and 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 wherein it has been held that in matrimonial litigation, a transfer petition at the behest of the wife must be considered liberally and her preference be given precedence. 6. This Court finds that ends of justice can be met by transferring Regular Suit No.3787 of 2023 pending before the Principal Judge, Family Court at Lucknow to the Principal Judge Family Court in District Balrampur. The transferee court shall upon receipt of the records and the copy of this order shall after affording full opportunity of hearing to the parties but without granting any unnecessary adjournment to decide the matter as expeditiously as possible. 7. With the aforesaid, the petition is allowed. Costs are made easy. Order Date :- 22.4.2025 ank Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench