TACL/415/2025 of SMT. PRERNA RANA Vs PARIKSHIT RANA

HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CIVIL) No. - 415 of 2025 Court No. - 35 HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J. Heard Sri Jai Kishan, learned counsel for the applicant and Sri Amit Krishnatreya, learned counsel 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 Case No. 1583 of 2023 (Prikshit Rana vs. Prerna), under Section 13 of the Hindu Marriage Act, 1955 from the Court of the Principal Judge, Family Court, Muzaffarnagar to the Principal Judge, Family Court,  Shahjahanpur.  The order-sheet of the case indicates that on 18.07.2025 when the case was taken up, this Court, upon considering the submissions made on behalf of the applicant that after the marriage of the applicant with the opposite party, applicant along with her child is living at her parental home in district Muzaffarnagar which is far away from Shahjahanpur, the applicant has no source of income to meet the expenses to be incurred in travelling from Shahjahanpur to Muzaffarnagar to contest the case instituted by the opposite party, and if the case was allowed to proceed at Muzaffarnagar, she would suffer serious prejudice, directed issuance of notice and stayed the further proceedings of the matrimonial suit. Learned counsel for the opposite party submits that although counter affidavit has been filed, he has instructions to state that the opposite party has no objection to the transfer of the case to Shahjahanpur, as sought by the applicant. Versus Counsel for Applicant(s) : Jai Kishan, Vipin Kumar Counsel for Opposite Party(s) : Aditya Krishnatreya, Amit Krishna, Mihir Ghosh Roy Smt. Prerna Rana .....Applicant(s) Parikshit Rana .....Opposite Party(s) 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. 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 Case No. 1583 of 2023 (Prikshit Rana vs. Prerna), under Section 13 of the Hindu Marriage Act, 1955, are hereby withdrawn from the Court of the Principal Judge, Family Court, Muzaffarnagar and transferred to the Court of the Principal Judge, Family Court, Shahjahanpur.   (ii) The Principal Judge, Family Court, Muzaffarnagar is directed to transmit the entire case record to the Transferee Court at District Shahjahanpur 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 14, 2026 Imroz TACL No. 415 of 2025 2 (Dr. Yogendra Kumar Srivastava,J.) Digitally signed by :- MOHAMMAD IMROZ KHAN High Court of Judicature at Allahabad