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.

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 was married to the Opposite Party on 01.12.2022 as per Hindu rites and customs. At the time of marriage, an amount of Rs.10,00,000/- was transferred through RTGS along with various customary gifts by the applicant's parents and relatives. After marriage, the applicant initially lived peacefully at her matrimonial house, but subsequently, she was subjected to physical and mental harassment, by the opposite party and his family members, for want of dowry and ultimately the applicant was forcefully ousted from her matrimonial house.

6. It is pleaded on behalf the applicant that on 09.01.2024, the Opposite Party instituted a divorce petition dated 09.01.2024 before the Court of learned Principal Judge, Family Court, Agra. Furthermore, on 28.05.2024, the Opposite Party threatened the applicant with dire consequences, including life threat, in order to stop her from participating in the Court proceedings.

7. It is submitted by the learned counsel for the applicant that on account of serious threats from the opposite party and also due to the financial constraints as well as unavoidable personal difficulties, the applicant, being a lady, having no one in her family to escort her to attend the Court proceedings on every date fixed in the case; preferred the instant Application under section 24 of Code of Civil Procedure, 1908, praying therein for the transfer the case from Agra, which is approximately 300 Kms. away to Unnao.

8. As is evident from the record that with the consent of the parties the matter was initially referred to the Mediation and Conciliation Centre of this court vide order dated 04.02.2025. For ready reference the same is quoted herein below:

"1. Heard learned counsel for applicant and Mr. Krishan Tiwari, Advocate holding brief on behalf of Mr. Sudhir Shukla, learned counsel for opposite party.

2. Application under Section 24 of the Code of Civil Procedure has been filed seeking transfer of Case No.71 of 2024; (Dharmendra Kumar versus Smt. Ayushi Singh) instituted by opposite party under Section 13(1)(A) of Hindu Marriage Act, from the Court of learned Principal Judge, Family Court, Agra to equally competent Family Court, Unnao.

3. Learned counsel for applicant on the basis of instructions submits that the matter may be referred to mediation.

4. Learned counsel appearing for opposite party also on the basis of instructions concedes to the aforesaid prayer.

5. In view there