HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CIVIL) No. - 454 of 2026 Court No. - 35 HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J. Heard Sri Sanjay Singh, learned counsel appearing for the applicant and Sri Ashwini Kumar, learned counsel appearing for the opposite party. Present application has been filed, seeking transfer of Case No.165 of 2026 (Ashish Chaubey vs. Smt. Abhilasha Tiwari) under Section 13 of the Hindu Marriage Act, 1955 from the Court of Principal Judge, Family Court, Varanasi to a Court of competent jurisdiction at Ballia. Upon considering the facts of the case and the inconvenience pleaded on behalf of the applicant that she was facing problems in attending the proceedings of the aforesaid case at Varanasi, this Court on 7.8.2026, directed issuance of notice to the opposite party and stayed the further proceedings of the aforesaid case. It has been pleaded that the marriage of the applicant was solemnized with opposite party on 28.11.2023. The applicant was thereafter subjected to torture and harassment for demand of dowry and was ousted from her matrimonial home on 11.2.2026. The applicant is presently residing with her aged parents at Ballia. The applicant has asserted that she has no independent source of income and, therefore, she would face grave hardship in contesting the proceedings at Varanasi. It is submitted that the cases filed by the applicant under Section 144 of BNSS and under the Protection of Women from Domestic Violence Act, 2005 are stated to be pending before the Courts of competent jurisdiction at District Ballia. Versus Counsel for Applicant(s) : Sanjay Singh, Yashwant Singh Counsel for Opposite Party(s) : Ashwini Kumar, Ganesh Shanker Srivastava, Rakesh Chandra Smt. Abhilasha Tiwari .....Applicant(s) Ashish Chaubey .....Opposite Party(s) Counsel appearing for the opposite party, on instructions, submits that the opposite party has 'no objection' to the case being transferred from Varanasi to Ballia. This Court, in its recent decisions in Smt. Akansha Saxena v. Shikhar Saxena, 2026 (3) ADJ 104 and Smt. Arju @ Vimal v. Umakant Parasar, 2026 (3) ADJ 66 has observed that in matrimonial cases, the convenience of the wife must be looked into; the cardinal principle for exercise of power under Section 24 CPC being that the ends of justice should be subserved. Having regard to the aforesaid and particularly in view of the hardship that has been pleaded by the applicant and the categorical "No Objection" expressed on behalf of the opposite party, this Court is of the considered opinion that the present case is a fit one for exercise of power under Section 24 CPC. The transfer sought, being by consent of the parties and in furtherance of justice, deserves to be allowed. Accordingly, Civil Misc. Transfer Application is allowed with the following directions: (i) The proceedings of Case No.165 of 2026 (Ashish Chaubey vs. Smt. Abhilasha Tiwari) under Section 13 of the Hindu Marriage Act, 1955, are hereby withdrawn from the Court of the Principal Judge, Family Court, Varanasi and transferred to the Court of the Principle Judge, Family Court, Ballia. (ii) The Principal Judge, Family Court, Varanasi is directed to transmit the entire case record to the Transferee Court at District Ballia within fifteen days from the date of receipt of a certified copy of this order. (iii) The Transferee Court shall proceed with the matter from the stage at which it was transferred and shall endeavor to conclude the proceedings expeditiously. September 11, 2026 RKK/- TACL No. 454 of 2026 2 (Dr. Yogendra Kumar Srivastava,J.) Digitally signed by :- RAJ KUMAR KANNAUJIA High Court of Judicature at Allahabad