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SUBHASH VIDYARTHI
Shubhi Saxena – Appellant
Versus
Rahul Srivastava – Respondent
JUDGMENT :
Subhash Vidyarthi J.
1. Heard Sri Shobhit Saxena, the learned counsel for the applicant and Sri Vijyant Nigam, the learned counsel for the opposite parties.
2. Transfer Application (Civil) No. 267 of 2023 has been filed ‘under Section 24 read with under Order 39, Rule 2 of Civil Procedure Code, 1908’ seeking transfer of Case No. 353 of 2023, under Section 7 read with Section 25 of Guardian and Wards Act from the Court of Principal Judge, Family Court, Lucknow to the Court of Principal Judge, Family Court, Barelly.
3. Transfer Application (Civil) No. 269 of 2023 has been filed ‘under Section 24 read with under Order 39, Rule 2 of Civil Procedure Code, 1908’ seeking transfer of Case No. 4412 of 2022, under Section 13 of Hindu Marriage Act, 1955 from the Court of Principal Judge, Family Court, Lucknow to the Court of Principal Judge, Family Court, Bareilly.
4. The statutory provision regarding transfer of cases is contained in Section 24 of Civil Procedure Code, 1908 and Order XXXIX Rule 2 of Civil Procedure Code deals with grant of temporary injunctions to restrain repetition or continuance of breach. Order XXXIX Rule 2 C.P.C. does not deal with transfer of cases and the mentio
Transfer applications for custody and divorce cases must demonstrate substantial grounds, considering the convenience of parties and the best interests of the child.
The court established that in matrimonial transfer cases, the wife's convenience is a critical factor, guided by the principles of justice and socio-economic realities.
Transfer applications for matrimonial cases must be filed in the appellate court where the case is pending, adhering to territorial jurisdiction principles.
The convenience of the wife in matrimonial causes is a significant factor for considering transfer applications, and the economic soundness of both parties and their circumstances are crucial in ekin....
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