In matrimonial proceedings, the court prioritizes the convenience of the spouse seeking transfer, especially when demonstrating financial or logistical hardship, to ensure effective access to justice. This exercise of discretionary power is further reinforced when the parties reach a consensus regarding the transfer.

JUDGMENT :

YOGENDRA KUMAR SRIVASTAVA, J.

1. Heard Sri Avinash Pandey, learned counsel for the applicant and Sri Aditya Pratap Mishra, learned counsel for the opposite party.

2. Present application has been preferred by the Applicant-wife under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Case No.21 of 2023 ( Vivek Kumar vs. Smt. Vinita ), instituted under Section 13 of the Hindu Marriage Act, 1955 from the Court of the Principal Judge, Family Court, Baghpat to the Court of the Principal Judge, Family Court, Shamli.

3. The order-sheet of the case indicates that on 03.08.2023, when the case was taken up, this Court, upon considering the submissions made on behalf of the applicant that she is residing with her father at Shamli and that as per the applicant, the divorce petition had been filed by the respondent in the Family Court at Baghpat 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 to meet the litigation expenses and other expenses which are to be incurred in traveling from Shamli to Baghpat, directed issuance of notice and stayed the further proceedings of the divorce suit.

4. The facts as pleaded on behalf of the applicant-wife indicate that the opposite party filed a petition under Section 13 of the Hindu Marriage Act 1955 before the Court of Principal Judge, Family Court, Baghpat, seeking a declaration that the marriage dated 15.03.2020 be dissolved. The said petition was registered as Case No.21 of 2023 ( Vivek Kumar vs. Smt. Vinita ). Notice of the said proceedings had been served upon the applicant and the matter is pending before the Family Court, Baghpat.

5. The applicant is stated to be presently residing at her parental home. According to the applicant, attending the proceedings at Baghpat would cause inconvenience and grave hardship to her. In these circumstances, the present application under Section 24 of the Code of Civil Procedure has been filed, seeking transfer of the divorce petition pending before the Family Court, Baghpat.

6. Counsel appearing for the opposite party, without admitting the allegations made by the applicant, has very fairly submitted that he has instructions to state that the opposite party does not object to the transfer of the case to Shamli, as sought by the applicant.

7. This Court, in its recent decisions in Smt. Akansha Saxena v. Shikhar Saxena , 2026 (3) ADJ 104, and Smt. Arju @ Vimal v. Umakant Parasar , 2026 (3) ADJ 66 has observed that in matrimonial cases, the convenience of the wife must be looked into; the cardinal principle for exercise of power under Section 24 CPC being that the ends of justice should be subserved.

8. In view of the aforesaid discussions, and particularly in view of the hardship that has been pleaded by the applicant and the categorical "No Objection" expressed on behalf of the Opposite Party, this Court is of the considered opinion that the present case is a fit one for exercise of power under Section 24 CPC. The transfer sought, being by consent of the parties and in furtherance of justice, deserves to be allowed.

9. Accordingly, Civil Misc. Transfer Application is allowed with the following directions :

(i) The proceedings of Case No.21 of 2023 ( Vivek Kumar vs. Smt. Vinita ) instituted under Section 13 of the Hindu Marriage Act, 1955, are Shamli.

(ii) The Principal Judge, Family Court, Baghpat is directed to transmit the entire case record to the Transferee Court at District Shamli within fifteen days from the date of receipt of a certified copy of this order.

(iii) The Transferee Court shall proceed with the matter from the stage at which it was transferred and shall endeavor to conclude the pr