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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
YOGENDRA KUMAR SRIVASTAVA
Anjana Rana – Appellant
Versus
Navin Singh – Respondent
| Table of Content |
|---|
| 1. transfer application filed under section 24 cpc. (Para 2 , 3 , 4) |
| 2. subsequent proceedings do not justify transfer. (Para 5 , 20 , 21) |
| 3. court must assess genuine hardship for transfer. (Para 6 , 7 , 8 , 9 , 10) |
| 4. ensuring a fair trial is paramount in transferring cases. (Para 11 , 12 , 13 , 14 , 15) |
| 5. specific circumstances needed to assert transfer harm. (Para 16 , 17 , 18 , 19) |
| 6. transfer application rejected for lack of merit. (Para 22 , 23) |
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.
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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