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KSHITIJ SHAILENDRA
Shivika Upadhayay – Appellant
Versus
Pushpendra Trivedi – Respondent
JUDGMENT :
KSHITIJ SHAILENDRA, J.
ON THE ISSUE OF TERRITORIAL JURISDICTION OF PRINCIPAL SEAT OF ALLAHABAD HIGH COURT AND ITS LUCKNOW BENCH IN MATTERS OF TRANSFER OF MATRIMONIAL CASES
1. Heard Shri Sandeep Kumar, learned counsel for the applicant.
2. Prayer to transfer Case No. 303 of 2024 (Pushpendra Trivedi vs. Smt. Shivika Upadhyay) under Section 13(1)(a) of Hindu Marriage Act, 1955 from Principal Judge, Family Court, Lucknow to District Bareilly has been made in this application.
3. The Stamp Reporting Section has submitted a report regarding non-maintainability of the transfer application on the ground that the case is pending under the territorial jurisdiction of the Lucknow Bench.
4. Learned counsel for the applicant submits that since part of cause of action has arisen within the territorial limits of jurisdiction of this Court, i.e. the Principal seat, the transfer application is maintainable as it is the choice of the applicant to choose forum.
5. Many applications seeking transfer of proceedings pending in family courts functoning in territorial limits of jurisdiction of Lucknow Bench are coming up for consideration at the Principal seat and in almost all cases, plea of “arising
Transfer applications for matrimonial cases must be filed in the appellate court where the case is pending, adhering to territorial jurisdiction principles.
The court established that transfer applications must be filed in the appropriate jurisdictional bench as per the territorial division of the High Court.
Transfer applications for custody and divorce cases must demonstrate substantial grounds, considering the convenience of parties and the best interests of the child.
Point of law: In matters relating to transfer of a case from one district to another, it is to be noticed that if the case is pending before a Court which is within the specified area of Oudh only in....
High Courts have the authority under Section 24 of the Civil Procedure Code to transfer proceedings to subordinate courts, prioritizing parties' convenience and children's interests.
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