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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
YOGENDRA KUMAR SRIVASTAVA
Anjana Rana – Appellant
Versus
Navin Singh – Respondent
What is the test for transferring matrimonial proceedings under Section 24 CPC? What is required to demonstrate genuine hardship or exceptional circumstances for transfer of matrimonial proceedings? Is mere inconvenience or preference of a party sufficient to justify transfer of a divorce petition?
JUDGMENT :
YOGENDRA KUMAR SRIVASTAVA, J.
1. Heard Sri Raghuraj Singh, learned counsel for the applicant.
2. The present transfer application has been filed by the applicant, under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Case No. 1226 of 2023 ( Navin vs. Anjana ), instituted under Section 13 of the Hindu Marriage Act, 1955, pending before the Court of Principal Judge, Family Court, Agra, to the competent Family Court at Firozabad.
3. From a perusal of the affidavit filed in support of the application, it transpires that divorce suit bearing Case No.1226 of 2023, under Section 13 of the Hindu Marriage Act, 1955 was instituted by the opposite party on 16.05.2023 before the court of Family Judge, Agra.
4. The principal ground urged in support of the transfer application is that the applicant has instituted proceedings under Sections 12, 17, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 on 24.01.2025 before the Court of Judicial Magistrate, Firozabad, as well as proceedings under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking maintenance before the Principal Judge, Family Court, Firozabad on 17.04.2025, which a
Transfer of matrimonial proceedings requires substantial grounds demonstrating injustice; mere inconvenience or subsequent actions do not suffice.
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.
The Family Court has jurisdiction to entertain applications for reliefs under the D.V. Act, and the provisions of the Family Courts Act, particularly Section 19 providing for appeal, must be consider....
The convenience of the wife in matrimonial causes is a significant factor for considering transfer applications, and the economic soundness of both parties and their circumstances are crucial in ekin....
In matrimonial cases, convenience of the wife is the dominating factor for justifying transfer of a matter.
The court established that the convenience of the parties, especially in cases involving children and allegations of cruelty, is paramount in transfer applications.
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