Territories Over Which Family Court Exercises Jurisdiction Determines Bench Of High Court Where Application Seeking Transfer Of Proceedings Would Lie: Allahabad HC
The Allahabad High Court has clarified that the territories to which any Family Court exercises its jurisdiction would determine the Forum where the application seeking transfer of proceedings pending in such areas would lie.
The Court rejected a transfer application filed by a wife under Section 24 of the CPC who sought the transfer of a matrimonial case filed under Section 13(1)(a) of the Hindu Marriage Act, 1955, from the Family Court, Lucknow, to the District Court at Bareilly. The Court held that the application was not maintainable before the Principal Seat, as the case fell within the territorial jurisdiction of the Lucknow Bench.
A Single Bench of Justice Kshitij Shailendra held, “On perusal of aforesaid provisions of the Act of 1984, it is clear that establishment of a Family Court is as per notification issued by the State Government defining the local limits of the area to which the jurisdiction of a Family Court shall extend. Further, Family Court shall be deemed to a District Court and in view of Section 2(4) of the Code of Civil Procedure, a District Court would confine its jurisdiction as per its local limits and not beyond that. Hence, territories to which any Family Court exercises its jurisdiction would determine the Forum where application seeking transfer of proceedings pending in such areas would lie.”
Advocate Sandeep Kumar appeared for the Applicant.
The wife in the case had argued that since part of the cause of action arose within the territorial limits of the Principal Seat, the transfer application was maintainable. However, the Stamp Reporting Section raised objections, stating that the matter belonged to the jurisdiction of the Lucknow Bench.
The High Court noted that similar transfer applications frequently cited "part of cause of action" or "forum convenience" to justify filing at the Principal Seat. These arguments were based on the interpretation of sub-clause (2) of Article 226 of the Constitution, which provides jurisdiction for Writ Petitions.
“However, in order to examine as to whether in matrimonial matters, when transfer is sought on the basis of convenience of the parties or other like grounds such as place of temporary or permanent residence of one of the parties or pendency of certain cases in one or the other districts, provisions of Code of Civil Procedure, 1908 read with Family Courts Act, 1984 must be dealt with, otherwise the confusion regarding territorial jurisdiction in such matters would continue to prevail,” the Court remarked.
The Bench noted that while advancing arguments based upon Forum Convenience or arising of cause of action in transfer matters, it’s always urged that since there is a single High Court in the State of U.P., all the Family Courts are subordinate to the High Court and, hence, transfer application can be filed either before the Principal Seat of this Court or its Lucknow Bench. “However, sub-section (1) of Section 23 makes it clear that subordination of courts in the matters of transfer has to be understood in the light of Appellate Court,” the Court explained.
The Court referred to the decision of the Supreme Court in Shah Newaz Khan v. State of Nagaland, wherein it was held that “where several courts having jurisdiction are subordinate to one appellate court, an application for transfer may be made to such appellate court and the court may transfer a case from one court subordinate to it to another court subordinate to it.”
Consequently, the Court observed, “In view of the above discussion of sections 2(4), 3, 22, 23, 24 CPC read with Section 2(d), 2(e) and 7 of the Family Courts Act, this Court is of the considered view that since Lucknow Bench would be the appellate court competent to hear the appeals against an order passed by Family Court situated in any of the courts subordinate to it and functional within its/their territorial limits of jurisdiction, the transfer application in relation to a case pending within those territories shall lie before the Lucknow Bench being the appellate court and not before the principal seat at Allahabad where such an appeal would be incompetent.”
Accordingly, the High Court rejected the Transfer Application.
Cause Title: S v. P (Neutral Citation: 2024:AHC:175744)