IMPORTANT POINT
Transfer applications for matrimonial cases must be filed in the appellate court where the case is pending, adhering to territorial jurisdiction principles.

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 of part of cause of action” within territorial limits of Principal seat at Allahabad is taken. In this view of the matter, this Court deems it appropriate to deal with this issue in some details.

6. This Court may observe that whatever arguments are advanced either taking a plea of “part of cause of action” or “forum convenience” the same are based upon certain authorities which have dealt with the issue of territorial jurisdiction in relation to writ petitions filed under Article 226 of the Constitution of India. This is so because sub-clause (2) of Article 226 of the Constitution provides that power conferred by clause (1) of the said article to issue directions, orders or writs may also be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action, wholly or in part, arises for the exercise of such power. The Court may refer to certain authorities discussed and referred time and again by this Court in various judgments. Some of these authorities are as under:

(i) Nasiruddin vs. State Transport Appellate Tribunal, (1975) 2 SCC 671

(ii) Rajendra Kumar Mishra vs. Union of India & others, (2005) 1 UPLBEC 108

(iii) State of Rajasthan vs. M/s. Swaika Properties, (1985) 3 SCC 217

(iv) U.P. Rashtriya Chini Mill Adhikari Parishad vs. State of U.P. (1995) 4 SCC 738

(v) Navinchandra N. Majithia vs. State of Maharashtra, (2000) 7 SCC 640

(vi) Ambica Industries vs. Commissioner of Central Excise, (2007) 6 SCC 769

(vii) Alchemist Ltd. vs. State Bank of Sikkim, (2007) 11 SCC 335

(viii) Rajendra Chingravelu vs. R.K. Mishra, (2010) 1 SCC 457

(ix) Nawal Kishore Sharma vs. Union of India, (2014) 9 SCC 329

(x) Kusum Ingots & Alloys Ltd. vs. Union of India, (2004) 6 SCC 254

(xi) Dr. Manju Varma vs. State of U.P. and others, Civil Appeal No. 8290 of 2002 dated 17.11.2004

7. The aforesaid authorities deal with territorial limits of jurisdiction of a writ court under Article 226 of the Constitution of India and as regards Allahabad High Court, provisions of U.P. High Courts (Amalgamation) Order 1948 have been dealt with along with concept of Forum Convenience and arising of cause of action, wholly or in part. However, in order to examine as to whether in matrimonial matters, when transfer is sought on the basis of convenience of the parties or other like grounds such as place of temporary or permanent residence of one of the parties or pendency of certain cases in one or the other districts, provisions of Code of Civil Procedure, 1908 read with Family Courts Act, 1984 must be dealt with, otherwise the confusion regarding territorial jurisdiction in such matters would continue to prevail.

8. Power to transfer suit or proceedings of civil cases is contained under Section 24 of C.P.C. which reads as under:

Section 24. General power