TACL/779/2023 of SMT. PALLAVI VERMA Vs SRI SACHIN VERMA on 15 September 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD TRANSFER APPLICATION (CIVIL) No. - 779 of 2023 Court No. - 35 HON'BLE DR. YOGENDRA KUMAR SRIVASTAVA, J. Heard Sri Akhilesh Kumar, learned counsel for the applicant and Sri Ravi Pandey, learned counsel for the opposite party. Present application has been filed, seeking transfer of Case No.1180 of 2022 (Sachin Verma Vs. Smt. Pallavi Verma) under Section 13 (1) (1a) of the Hindu Marriage Act, 1955 from the Court of Principal Judge, Family Court, Gautam Buddh Nagar to a Court of competent jurisdiction at Aligarh. The order-sheet of the case indicates that on 25.9.2023, when the case was taken up, this Court, upon considering the submissions made on behalf of the applicant that two cases, one being under Section 125 Cr.P.C. and the other under Sections 498A, 323, 376 I.P.C. and Section 3/4 of the Dowry Probibition Act, had been filed by the applicant against the opposite party at District Aligarh whereas the divorce petition filed by the opposite party had been instituted at District Gautam Budh nagar, the fact that the applicant was residing with her minor daughter with her aged parents at Aligarh and the applicant had no source of income to meet the litigation and other ancillary expenses for travelling from Aligarh to Gautam Budh Nagar along with her minor daughter on the dates fixed in the matter, the submission that no amount towards maintenance is being paid to the applicant by the opposite party and that if the case was allowed to be proceeded at Gautam Budh Nagar, the applicant would face serious prejudice, directed issuance of notice and stayed the further proceedings of Case No.1180 of 2022 (Sachin Verma Vs. Smt. Pallavi Verma). Counsel appearing for the opposite party, without admitting the allegations made by Versus Counsel for Applicant(s) : Dr. Akhilesh Kumar Counsel for Opposite Party(s) : Aravind Kumar Tripathi, Hemant Kumar, Ravi Pandey Smt. Pallavi Verma .....Applicant(s) Sri Sachin Verma .....Opposite Party(s)

the applicant, has very fairly submitted that though he has filed a counter affidavit, he has instructions to state that the opposite party does not object to the transfer of the case to Aligarh, as sought by the applicant. 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.1180 of 2022 (Sachin Verma Vs. Smt. Pallavi Verma) under Section 13 (1) (1a) of the Hindu Marriage Act, 1955, are hereby withdrawn from the Court of the Principal Judge, Family Court, Gautam Buddh Nagar and transferred to the Court of the Principal Judge, Family Court, Aligarh.

(ii) The Principal Judge, Family Court, Gautam Buddh Nagar is directed to transmit the entire case record to the Transferee Court at District Aligarh 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 16, 2026 Aiman TACL No. 779 of 2023 2 (Dr. Yogendra Kumar Srivastava,J.) Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad