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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
SYED QAMAR HASAN RIZVI
Nagendra Sharma – Appellant
Versus
State Of U.P. Through Principal Secretry Home Civil Secretariat Lucknow – Respondent
JUDGMENT :
SYED QAMAR HASAN RIZVI, J.
1. Heard Sri Anurag Singh Chauhan, learned counsel for the Applicants; Sri Abhishek Kumar Pandey, learned Additional Chief Standing Counsel along with Sri Mohammad Kaseem, learned Standing Counsel appearing on behalf of the State-opposite party No. 1; and Sri Amrendra Nath Tripathi, learned Senior Advocate assisted by Sri Vijaya Nandan Mani Tripathi, learnedcounsel for the opposite party No.2.
2. By means of the present Application filed under Section 24 of the C.P.C., the Applicants have prayed for the following relief:
"(i) Stay the all proceedings relating Miscellaneous Case No.52/2019, 'Smt. Sarla Sharma versus Nagendra Sharma' pending before the learned Principal Judge, Family Court, District- Gonda connected with the divorce petition vide Regular Suit No. 1006/2017, 'Nagendra Sharma versus Smt. Sarla Sharma' under Section 13 of Hindu Marriage Act, 1955, and moreover this Hon'ble Court may kindly be pleased to transfer the above said case to any competent and appropriate at district Lucknow having jurisdiction to entertain the same, in the larger interest of justice.
(ii) Issue any other order or direction by which this Hon'ble Court may de
Transfer of divorce proceedings must be substantiated with credible evidence and convenience considerations recognize the wife's situation in marital matters.
The Court established that the balance of convenience is a critical factor in transferring cases under Section 24 of the CPC, prioritizing the plaintiff's right to choose a suitable forum.
In matrimonial cases, the convenience of the wife and the ends of justice are paramount when considering transfer requests under Section 24 of the CPC.
In matrimonial matters, the convenience of the wife is paramount, and petitions should be consolidated to prevent conflicting judgments.
The main legal point established in the judgment is that allegations of intimidation and hostile treatment must be supported by evidence to warrant the transfer of a case. The court also considered t....
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Point of Law : Transfer of matrimonial cases - inconveniences of the wife if the proceedings were to be transferred to Bengaluru outweighs the husband''s inconveniences in permitting the proceedings ....
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