Transfer of divorce proceedings must be substantiated with credible evidence and convenience considerations recognize the wife's situation in marital matters.

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 deem fit, just and proper under the facts and circumstances of the case in favour of petitioners, in the interest of justice."

3. The contention of the learned counsel for the Applicants is that the marriage of the first Applicant namely Nagendra Sharma with the second Opposite party namely Smt. Sarla Sharma was dissolved vide ex-parte Judgment and Order dated 16.01.2019 passed by the Court of learned Principal Judge, Family Court, Gonda in Case No.1006 of 2017 (Nagendra Sharma versus Smt. Sarla Sharma), under Section 13 of the Hindu Marriage Act, 1955.

4. The second Opposite party herein preferred an application for recall of the ex-parte order dated 16.01.2019 along with an application for condonation of delay, before the learned Principal Judge, Family Court, Gonda on 29.05.2019 and for the Restoration of the Regular Case No. 1006 of 2017 (Nagendra Sharma versus Smt. Sarla Sharma), under Order IX Rule 13 read with Section 151 C.P.C.

5. It is submitted by the learned counsel for the Applicant that the said application for Recall of Order dated 16.01.2019 was filed by the second Opposite party after a lapse of about four and half (4 ½) months, however, the same was entertained by the learned Court and registered as Miscellaneous Case No. 52 of 2019. Since then, the said matter is pending for adjudication.

6. The learned Court of Principal Judge, Family Court, Gonda, by registering the case on 29.05.2019, issued notice to the first Applicant herein and on the same day without affording any opportunity of hearing to him, passed an order whereby the operation of the Order dated 16.01.2019 was stayed.

7. In the memo of the instant Application it is alleged that while returning from the Family Court on 18.08.2022 after attending the Court proceeding, the Applicant No. 1 was attacked by four (4) persons who not only threatened him of dire consequences but tried to snatch his belongings. It is also alleged that he was abused by the said persons and was told not to be seen in the District Court in future. The submission of the learned counsel for the applicants is that the first Applicant got scared by the said incident, however, he preferred applications to the concerned police station as well as to the Superintendent of