# Smt. Vinita v. Vivek Kumar - **Citation:** (2026) 4 ILRA 1591 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2026-04-09 - **Case number:** Transfer Application (Civil) No. 620 of 2023 - **Bench:** Yogendra Kumar Srivastava - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/smt-vinita-v-vivek-kumar-54369 - **Pages:** 4 ## Text 4 All. Smt. Vinita Vs. Vivek Kumar 1591 7. 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 Gautam Budh Nagar, as sought by the applicant. 8. 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. 9. 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. 10. Accordingly, Civil Misc. Transfer Application is allowed with the following directions : (i) The proceedings of Case No.723 of 2025 (Dimpal Babu Gangwar vs. Shikha Sharma), instituted under Section 13 (1) of the Hindu Marriage Act, 1955, are hereby withdrawn from the Court of the Principal Judge, Family Court, Bareilly and transferred to the Court of the Principal Judge, Family Court, Gautam Budh Nagar. (ii) The Principal Judge, Family Court, Bareilly is directed to transmit the entire case record to the Transferee Court at District Gautam Budh Nagar 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 proceedings expeditiously. ---------- (2026) 4 ILRA 1591 ORIGINAL JURISDICTION CIVIL SIDE DATED: ALLAHABAD 09.04.2026 BEFORE THE HON'BLE YOGENDRA KUMAR SRIVASTAVA, J. Transfer Application (Civil) No. 620 of 2023 Smt. Vinita ...Applicant Versus Vivek Kumar ...Opposite Party Issue for Consideration 1592 INDIAN LAW REPORTS ALLAHABAD SERIES Whether the application under Section 24 of the Code of Civil Procedure has been filed, seeking transfer of the divorce case pending before the Family Court, Bareilly is liable to be allowed on the basis "No Objection" expressed by the Opposite Party. Head Notes The Code of Civil Procedure-1908- Section 24; The Hindu Marriage Act, 1955- Section 13- Applicant is residing with her father at Shamli and 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- 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. (E-15) (Para 8) Case Law Cited Smt. Akansha Saxena v. Shikhar Saxena, 2026 (3) ADJ 104; Smt. Arju @ Vimal v. Umakant Parasar, 2026 (3) ADJ 66 List of Acts The Code of Civil Procedure-1908; The Hindu Marriage Act, 1955 List of Keywords Section 24 CPC; No Objection" expressed on behalf of the Opposite Party; Application allowed Case Arising From 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, 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. Appearances for Parties Counsel for Applicant(s) : Avinash Pandey Counsel for Opposite Party(s) : Aditya Pratap Mishra, Dev Raj Singh (Delivered by Hon'ble 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. 4 All. Smt. Vinita Vs. Vivek Kumar 1593 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 hereby withdrawn from the Court of the Principal Judge, Family Court, Baghpat and transferred to the Court of the Principal Judge, Family Court, 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. 1594 INDIAN LAW REPORTS ALLAHABAD SERIES (iii) The Transferee Court shall proceed with the matter from the stage at which it was transferred and shall endeavor to conclude the proceedings expeditiously. ---------- (2026) 4 ILRA 1594 ORIGINAL JURISDICTION CRIMINAL SIDE DATED: LUCKNOW 16.04.2026 BEFORE THE HON'BLE SUBHASH VIDYARTHI, J. Transfer Application (Criminal) No. 44 of 2026 Smt. Ritu Tripathi ...Applicant Versus State of U.P & Ors. ...Opposite Parties Issue for Consideration Whether the transfer application deserves to be allowed on the grounds that the applicant is unable to take part in the proceedings in the Court of CJM Raibareli due to financial constraints and threats of the opposite parties Head Notes The Bhartiya Nagrik Suraksha Sanhita, 2023- Section 447- The applicant has pleaded in the transfer application that she got married to the opposite party no. 4 on 22.06.2022 at Raibareli, she stayed at her sasural for about 1 1⁄2 months only. Although she has stated that the opposite party no. 4 is working as a tube-well operator at District Jaunpur, the applicant has concealed the fact that she is working as a teacher in Kasturba Gandhi Vidyalay, Hardoi- Applicant has made both concealment and mis-statement of facts in the transfer application and yet she has failed to make out a ground for transfer of the criminal case filed by herself at Raibareli, to Hardoi. Held- The applicant has made both concealment and mis-statement of facts in the transfer application and yet she has failed to make out a ground for transfer of the criminal case filed by herself at Raibareli, to Hardoi- Application dismissed. (E-15) (Para 15, 18 & 22) Case Law Cited Anjali Ashok Sidhwani Vs. Ashok Kishinchand Sidhwani: (2009) 16 SCC 188; Sonam Rai v. State of U.P.: 2023 SCC OnLine All 4344; V. Chandrasekaran v. Administrative Officer: (2012) 12 SCC 133 List of Acts The Bhartiya Nagrik Suraksha Sanhita, 2023 List of Keywords Sect 447; BNSS; Transfer application; Concealment and mis-statement of facts; Case Arising From Applicant has sought transfer of Case No.13990 of 2025, arising out of Case Crime No. 101 of 2025 under Sections 85, 115(2), 352, 351(2) B.N.S. and Section 3/4 of Dowry Prohibition Act, Police Station Mill Area,