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2024 DIGILAW 48 (ALL)

Priyanshi Sharma v. Rahul Sharma

2024-01-05

ABDUL MOIN

body2024
JUDGMENT : 1. Heard learned counsel for the applicant as well as Sri Ashutosh Mishra and Sri Surya Prakash, learned counsels for the respondent. 2. Sri Surya Prakash, learned counsel for the respondent, states that he does not intend to file counter affidavit/objection to the instant transfer application and prays that the matter may be heard finally. 3. As such, this Court proceeds to hear and decide the matter finally. 4. Instant application under Section 24 of the Code of Civil Procedure has been filed praying for transfer of Regular Suit No.1037 of 2022 (Suit for Divorce) in re: Dr. Rahul vs. Dr. Priyanshi Sharma filed under Section 13 of the Hindu Marriage Act from the Court of learned Principal Judge, Family Court, Faizabad/Ayodhya to the Court of learned Principal Judge, Family Court, Lucknow. 5. The contention of learned counsel for the applicant is that the applicant is a lady who is residing at Lucknow. A Matrimonial Suit No.1037 of 2022 under Section 13 of the Hindu Marriage Act has been filed by her husband at Faizabad (now Ayodhya), which is still pending. 6. Placing reliance on the averments made in the application namely (a) the applicant has filed a case under Section 125 Cr.P.C., which is pending at Lucknow, and (b) the applicant is a lady and is unable to go to Faizabad to do pairvi, as such it is prayed that aforesaid divorce suit pending at Faizabad/Ayodhya be transferred to Lucknow. She has also placed reliance on the judgments of the Apex Court in the cases of Neelam Pathak vs. Alok Kumar Bharti reported in (2004) 13 SCC 687 and Pratibha Khemka vs. Sanjay Kumar Khemka reported in (2004) 13 SCC 686 , to contend that the Apex Court has categorically laid down that the convenience of the lady should be kept in mind in matrimonial proceedings. 7. On the other hand, Sri Ashutosh Mishra and Sri Surya Prakash, learned counsels for the respondent, state that instant transfer application has only been filed once the court below has proceeded and the matter was listed for final hearing and thus the only intention of the applicant appears to somehow or other get deferred the proceedings which are pending before the Court below. 8. 8. Having heard learned counsels for the applicant and respondent and having perused the records, what emerges is that the applicant seeks transfer of the Regular Suit No.1037 of 2022 filed by the husband of the applicant, which is pending at Faizabad/Ayodhya. The reasons indicated are that (a) the applicant has filed a case under Section 125 Cr.P.C., which is pending at Lucknow, and (b) the applicant is a lady and is unable to go to Faizabad to do pairvi. 9. Accordingly, keeping in view the aforesaid discussions and judgments of the Apex Court in the cases of Neelam Pathak (supra) and Pratibha Khemka (supra), wherein it has been held that the convenience of the lady should be kept in mind in matrimonial proceedings, the present application is allowed. 10. Let the Regular Suit No.1037 of 2022 in re: Dr. Rahul vs. Dr. Priyanshi Sharma filed under Section 13 of the Hindu Marriage Act be transferred from the Court of learned Principal Judge, Family Court, Faizabad/Ayodhya to the competent Court of District Lucknow, in accordance with law, within a period of four weeks from the date of receipt of a certified copy of this order.