TACL/586/2023 of NEHA GARG Vs RAJNEESH GIRI

HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CIVIL) No. - 586 of 2023 Court No. - 35 HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J. Heard Sri Ramesh Kumar Pandey, learned Advocate holding brief of Sri Ashish Mohan Srivastava, counsel for the applicant and Sri Ranjan Dhwaj Tiwari, learned counsel appearing for the opposite party. Present application has been preferred by the Applicant-wife under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Matrimonial Case No. 97 of 2023 (Rajneesh Giri Vs. Neha Garg), instituted under Section 13 of the Hindu Marriage Act, 1955, from the Court of the Principal Judge, Family Court, Allahabad to the Court of the Principal Judge, Family Court, Varanasi. The order-sheet of the case indicates that on 21.7.2023, when the case was taken up, the Court considered the submission that the applicant was an Assistant Professor in Banaras Hindu University, residing with her two minor children at Varanasi, and it was difficult for her to travel to Allahabad. Further, considering the submission that if the case is allowed to proceed at Allahabad, she would suffer serious prejudice, a direction was made for issuance of notice and further proceedings of the divorce suit were stayed. Counsel appearing for the opposite party has very fairly submitted that although a counter affidavit has been filed but he has instructions to state that the opposite party does not object to the transfer of the case to Varanasi, as sought by the applicant. This Court, in its recent decisions in Smt. Akansha Saxena v. Shikhar Versus Counsel for Applicant(s) : Ashish Mohan Srivastava Counsel for Opposite Party(s) : Ranjan Dhwaj Tiwari Neha Garg .....Applicant(s) Rajneesh Giri .....Opposite Party(s) 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. In view of the aforesaid discussions, 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 Matrimonial Case No. 97 of 2023 (Rajneesh Giri Vs. Neha Garg), instituted under Section 13 of the Hindu Marriage Act, 1955, are hereby withdrawn from the Court of the Principal Judge, Family Court, Allahabad and transferred to the Court of the Principal Judge, Family Court, Varanasi. (ii) The Principal Judge, Family Court, Allahabad is directed to transmit the entire case record to the Transferee Court at District Varanasi 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. May 6, 2026 Arun K. Singh TACL No. 586 of 2023 2 (Dr. Yogendra Kumar Srivastava,J.) Digitally signed by :- ARUN KUMAR SINGH High Court of Judicature at Allahabad