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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
YOGENDRA KUMAR SRIVASTAVA
Akansha Saxena – Appellant
Versus
Shikhar Saxena – Respondent
JUDGMENT :
YOGENDRA KUMAR SRIVASTAVA, J.
1. Heard Sri Madhav Jain, learned counsel for the applicant and Sri Mahesh Narain Singh, learned counsel for the opposite party.
2. The present transfer application has been filed by the applicant–wife under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Matrimonial Petition No. 2130 of 2023, instituted by the opposite party under Section 13 of the Hindu Marriage Act, 1955, pending before the Court of Additional Family Court No. 5, Ghaziabad, to the Court of competent jurisdiction at Agra.
3. Though the lis arises out of a matrimonial dispute between private parties, the issues which arise for consideration transcend the individual facts of the case and touch upon the nature, scope, and contours of the jurisdiction exercised by this Court under Section 24 CPC, particularly in cases where transfer is sought by consent or where the opposite party does not oppose the prayer. The matter, therefore, calls for a consideration of the applicable legal principles governing exercise of powers of transfer under Section 24, on the basis of consent of parties.
4. The factual position brought on record indicates that the marriage between
The court affirmed that under Section 24 CPC, transfers may be granted based on consent, emphasizing the importance of ensuring convenience and fairness in matrimonial disputes.
The court holds that transfer applications under Section 24 CPC can be granted based on mutual consent, prioritizing the wife's convenience in matrimonial disputes.
Transfer of matrimonial proceedings requires substantial grounds demonstrating injustice; mere inconvenience or subsequent actions do not suffice.
The court prioritizes the convenience of the wife and welfare of the minor child in transfer applications under matrimonial and guardianship laws.
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.
In matrimonial transfer petitions, courts must prioritize the convenience of the wife and consider all relevant socioeconomic factors to ensure justice.
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