Akansha Saxena vs Shikhar Saxena - 2026 Supreme(All) 32

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(All) 32

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
YOGENDRA KUMAR SRIVASTAVA
Akansha Saxena – Appellant
Versus
Shikhar Saxena – Respondent

Advocates Appeared:
For the Appellant : Madhav Jain
For the Respondent: Mahesh Narain Singh

Table of Content
1. factual basis of the matrimonial dispute. (Para 2 , 4 , 5)
2. jurisdictional considerations in transfer applications. (Para 3)
3. nature of consent in transfer applications. (Para 6 , 9)
4. judicial discretion and principles under section 24 cpc. (Para 7 , 8 , 10 , 11)
5. prioritization of wife's convenience in matrimonial cases. (Para 12 , 13)
6. application of principles to the facts of the case. (Para 14)
7. court's order in favor of transfer. (Para 15 , 16)

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 t

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