TACL/149/2025 of SMT. PREETI DEVI Vs MANOJ KUMAR @ MONU on 17 September 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CIVIL) No. - 149 of 2025 Court No. - 35 HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J. Heard Sri Shashwat Singh, holding brief of Sri Manvendra Singh, learned counsel appearing for the applicant and Sri Arun Kumar Pandey, learned counsel appearing for the opposite party. Present application has been filed, seeking transfer of Case No.2945 of 2023 (Manoj Kumar @ Monu vs. Smt. Preeti Devi) under Section 9 of the Hindu Marriage Act, 1955 from the Court of Additional Principal Judge, Family Court, Court No.2, Kanpur Nagar to a Court of competent jurisdiction at Fatehpur. 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 Kanpur Nagar, this Court on 7.5.2025, 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 29.5.2022. The applicant was thereafter subjected to cruelty and harassment for demand of dowry and was forced to leave her matrimonial home. The applicant is presently residing with her aged parents at Fatehpur. The applicant has asserted that she has no independent source of income and, therefore, she would face grave hardship in contesting the proceedings at Kanpur Nagar. Case No.463 of 2024 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 filed by the applicant is stated to be pending before the concerned Court at Fatehpur. Versus Counsel for Applicant(s) : Manvendra Singh Counsel for Opposite Party(s) : Arun Kumar Pandey Smt. Preeti Devi .....Applicant(s) Manoj Kumar @ Monu .....Opposite Party(s)

Counsel for the opposite party, on instructions, submits that the opposite party does not intend to file any counter affidavit and has 'no objection' to the case being transferred from Kanpur Nagar to Fatehpur. 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, the Civil Misc. Transfer Application is allowed with the following directions :

(i) The proceedings of Case No.2945 of 2023 (Manoj Kumar @ Monu vs. Smt. Preeti Devi) under Section 9 of the Hindu Marriage Act, 1955, are hereby withdrawn from the Court of the Additional Principal Judge, Family Court, Court No.2, Kanpur Nagar and transferred to the Court of the Principle Judge, Family Court, Fatehpur.

(ii) The Additional Principal Judge, Family Court, Court No.2, Kanpur Nagar is directed to transmit the entire case record to the Transferee Court at District Fatehpur, 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 18, 2026 RKK/- TACL No. 149 of 2025 2 (Dr. Yogendra Kumar Srivastava,J.) Digitally signed by :- RAJ KUMAR KANNAUJIA High Court of Judicature at Allahabad