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HIGH COURT OF JUDICATURE AT ALLAHABAD
YOGENDRA KUMAR SRIVASTAVA
Arju @ Vimal – Appellant
Versus
Umakant Parasa – Respondent
JUDGMENT :
YOGENDRA KUMAR SRIVASTAVA, J.
1. Heard Sri Sandeep Kumar Singh, learned counsel for the applicant and Sri Awadh Narain Rai, learned counsel for the opposite party.
2. The present application has been preferred by the Applicant-wife under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Case No. 925 of 2023 (Umakant vs. Arju), instituted under Section 13 of the Hindu Marriage Act, 1955. The Applicant seeks transfer of the said proceedings from the Court of the Principal Judge, Family Court, Meerut, to the Court of competent jurisdiction at District Baghpat.
3. The order-sheet of the case indicates that on 16.1.2024, when the case was taken up as fresh case, this Court, upon considering the submissions made on behalf of the applicant that a complaint case registered as Complaint Case No. 4275 of 2022 was pending in the Baghpat Judgeship and that as per the applicant, this divorce petition had been filed by the respondent in the Family Court at Meerut with a view to harass the applicant, and also taking note of the fact that the applicant is a deserted wife, having no source of income, directed issuance of notice and stayed the further proceedings of the div
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.
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.
Transfer of matrimonial proceedings requires substantial grounds demonstrating injustice; mere inconvenience or subsequent actions do not suffice.
Courts are required to give more weight and consideration to the convenience of the female litigants, and transfer legal proceedings from one court to another should ordinarily be allowed, taking int....
The main legal point established in the judgment is the interpretation of the discretionary and mandatory nature of transfer provisions under Section 24 of CPC and Section 21A of the Hindu Marriage A....
The court established that in transfer applications, the convenience of the female litigant is paramount, especially when she has caregiving responsibilities.
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