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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SYED QAMAR HASAN RIZVI
Ayushi Singh – Appellant
Versus
Dharmendra Kumar – Respondent
JUDGMENT :
SYED QAMAR HASAN RIZVI, J.
1. Sri Akash Deep Singh, learned Counsel for the applicant, Sri Sudhir Shukla, learned counsel for the opposite party are present.
2. This Court repeatedly allowed time to the learned counsel for the opposite party to file objection but till date, no objection has been filed.
3. Today, on the matter being taken up, Sri Sudhir Shukla Advocate, who appears for the opposite party, at the very outset, stated that despite his best efforts, he could not get any instructions from his client (opposite party), as such, he is unable to file any reply or objection on behalf of the opposite party. Thus, the Court proceeds to dispose of the present Application on the basis of the material available on record.
4. The present application under Section 24 of C.P.C. has been filed by the applicant seeking transfer of Case No. 71 of 2024 (Dharmendra Kumar Versus Smt. Ayushi Singh) filed by the opposite party under Section 13(1)(a) of Hindu Marriage Act, from the Court of Principal Judge, Family Court, Agra to the Court of equivalent jurisdiction at District Unnao.
5. The case in brief as put-forth by learned counsel appearing for the applicant is that the applicant wa
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.
The convenience of the wife is paramount in matrimonial cases, necessitating the transfer of proceedings to ensure cohesive judicial handling of interrelated family matters.
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.
The court prioritizes the convenience of the wife in transfer applications for matrimonial cases while requiring a balanced consideration of both parties' circumstances.
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