Neutral Citation No. - 2025:AHC-LKO:13494 Court No. - 19 Case :- TRANSFER APPLICATION (CIVIL) No. - 265 of 2023 Applicant :- Ajeeta @ Ajeeta Vimal Opposite Party :- Devesh Kumar Counsel for Applicant :- Avnish Kumar Tiwari Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant. 2. As per office service report dated 08.01.2025 and office report dated 04.02.2025, notice has been served upon sole opposite party and is, therefore, sufficient. However, no one has put in appearance on behalf of said opposite party and therefore the application is being decided ex parte. 3. Application under Section 24 of the Code of Civil Procedure has been filed seeking transfer of Case No. 514 of 2023 instituted by opposite party under Section 13 of the Hindu Marriage Act pending in Family Court Lucknow to Family Court Hardoi. 4. On 19.12.2023, the following order had been passed:- "Heard learned counsel for the petitioner and perused the material placed on record. The instant petition has been filed with the prayer to transfer the Civil Case No. 514 of 2023, under section 13 of the Hindu Marriage Act, Inre; 'Devesh Kumar Versus Ajeeta' pending in the court of learned 5th Additional Principal Judge, Family Court, Lucknow, before the learned Principal Judge, Family Court, Hardoi. Contention of learned counsel for the petitioner is that the petitioner is a helpless woman and she is residing at district-Hardoi, whereas the cases with respect to matrimonial disputes like, applications under section 125 & 128 of Cr.P.C. and application under section 156(3) of Cr.P.C. are pending at district-Hardoi, whereas the husband of the petitioner, who is residing at district-Lucknow, has filed a suit under section 13 of the Hindu Marriage Act at district-Lucknow. He added that it is not possible for the petitioner to do the pairavi while coming from district-Hardoi to district- Lucknow. Further added that there is no one in the family of the petitioner to flank her throughout the journey from district-Hardoi to district- Lucknow. He further submits that settled law also favours the contentions of the learned counsel for the petitioner and therefore, the submission is that the proceedings of Civil Case No. 514 of 2023, filed under section 13 of the Hindu Marriage Act, Inre; 'Devesh Kumar Versus Ajeeta' pending in the court of learned Vth Additional Principal Judge, Family Court, Lucknow, may be transferred to the Principal Judge, Family Court, Hadoi. Matter requires consideration. Let notice be issued to opposite party returnable at an early date. Steps be taken within a week. List/put up this matter in the Fourth Week of January,2024. In the meantime, opposite party may file his Counter Affidavit. Till the next date of listing, the proceedings of the Civil Case No. 514 of 2023, under section 13 of the Hindu Marriage Act, Inre; 'Devesh Kumar Versus Ajeeta' pending in the court of learned 5th Additional Principal Judge, Family Court, Lucknow, shall remain stayed." 5. In view of uncontroverted averments made in the application and in view of submission that applicant does not have any independent source of income and she is finding a difficult to attend the proceedings at Lucknow, the Case No. 514 of 2023 (Devesh Kumar versus Ajeeta) pending in the Court of 5th Additional Principal Judge, Family Court, Lucknow is hereby transferred to Family Court Hardoi. 6. The application, therefore, stands allowed. Order Date :- 5.3.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench