Neutral Citation No. - 2025:AHC-LKO:28250 Court No. - 8 Case :- TRANSFER APPLICATION (CIVIL) No. - 280 of 2024 Applicant :- Smt. Pushpa Devi Opposite Party :- Dharmpal Counsel for Applicant :- Nripendra Mishra Counsel for Opposite Party :- Alok Srivastava Hon'ble Jaspreet Singh,J. 1. Heard Shri Nripendra Mishra, learned counsel for the petitioner and Shri Alok Srivastava, learned counsel for the respondent. 2. By means of the instant petition preferred under Section 24 CPC, the petitioner seeks transfer of Execution Case No.7 of 2023 pending before the Principle Judge, Family Court at Ayodhya to District Bahraich. 3. It is submitted that the said execution case arises out of a judgment and decree which was passed in proceedings under section 9 of the Hindu Marriage Act which was decided by the Court on 07.01.2021. 4. It is most strange that the Presiding Officer who is dealing with the Execution Case No.7 of 2023 even at the time of registration of the said case did not notice before registering the case that the execution was sought of the decree passed under section 9 of the Hindu Marriage Act. 5. This Court finds that the decree passed in Case No.557 of 2018 in proceedings under section 9 of the Hindu Marriage Act cannot be put to execution. It is most strange that the Presiding Officer did not notice this nor Munsarim submitted its report to this effect. Where the proceedings itself cannot be entertained by the Court in law, there is no question of issue any notice or entertaining and fixing date in such a matter. 6. Once a decree of grant of restitution of conjugal rights is passed and it remains unfulfilled for a period of one year then it gives a right to the party in whose favour the decree under Section 9 subsists to seek divorce. 7. In the aforesaid context, it has been informed to this Court that the respondent has also initiated a proceedings under section 13 of the Hindu Marriage Act wherein a Co-ordinate Bench of this Court vide order dated 23.04.2025 has already transferred the said proceedings from Ayodhya to District Bahraich. In view thereof it is observed that the parties shall be free to contest the proceedings in suit No.283 of 2024. 8. However, neither the execution case could have been entertained nor any requirement to transfer the same. This Court exercises inherent powers to prevent any harassment, avoid any abuse of process of law for either of the parties and provide that the execution case itself No.70 of 2023 lost its efficacy and is liable to be rejected hence in such dead proceedings there does not arrive any opportunity for this Court to transfer the execution case. 9. Accordingly, the petition is dismissed and the execution case shall also be disposed of in light of the observations made above. 10. The copy of this order shall be marked to the Principal Judge, Family Court, Ayodhya for necessary compliance. The order to be communicated through the Senior Registrar of this Court. Order Date :- 14.5.2025 ank Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench