Allowed

Smt Shalni Gupta v. Amit Kapoor

Allahabad HC15 Nov 2021TACL/257/2021

Case brief

AI extract

What is this about?

HC transferred a Section 9 Hindu Marriage Act petition from Bareilly to Shahjahanpur to ease the lady applicant's litigation experience, considering her pending criminal case involvement, lack of income, and safety apprehensions against appearing in Bareilly.

What did the court decide?

Transfer of Matrimonial Petition No. 1499 of 2020 from Court of Principal Judge Family Court, District Bareilly, to competent Court at District Shahjahanpur.

Smt Shalni Gupta Vs Amit Kapoor — Matrimonial and Divorce | Allahabad HC (2021)

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Court No. - 58

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Case :- TRANSFER APPLICATION (CIVIL) No. - 257 of 2021

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Applicant :- Smt Shalni Gupta Opposite Party :- Amit Kapoor Counsel for Applicant :- Vipul Shukla,Bipin Kumar Tripathi

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Hon'ble Shekhar Kumar Yadav,J.

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As per office report dated 12.11.2021, tracking report has been obtained as "Item Delivery Confirmed", inspite of same, neither the opposite party no.2 has appeared nor any any counsel has put in appearance on his behalf, therefore service upon the opposite party is deemed to sufficient.

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Heard learned counsel for the applicant.

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This transfer application has been filed by the applicant seeking transfer of Matrimonial Petition No. 1499 of 2020 (Amit Kapoor Vs. Shalini Gupta), under Section 9 of Hindu Marriage Act, pending before the Court of Principal Judge Family Court, District Bareilly, to the competent Court at District Shahjahanpur.

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At the very outset, learned counsel for the applicant has submitted that the applicant is not a legally wedded wife of the opposite party. He further submits that the applicant had lodged an F.I.R. against the opposite party in Case Crime No. 944 of 2020, under Sections 342, 365 I.P.C. at Police Station Puwayan, District Shahjahanpur, in which, after investigation charge sheet was filed against the opposite party under Sections 342, 366, 376 I.P.C. and that case is pending at District Shahjahanpur. Learned counsel has next submitted that in the aforesaid case, the opposite

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party in save his skin has alleged that the applicant is his wife inspite of the same, the bail prayer of the opposite party has been declined by the learned Court below. He further submits that in retaliation to the aforesaid proceedings, the instant proceedings has been initiated only to save his skin from the aforesaid proceedings initiated by the applicant. Learned counsel has next submitted that the applicant has no independent source of income and there is apprehension of danger to her life and liberty thus it is not possible for her to attend the Court at District Bareilly. He next submits that a case against the opposite party is already pending at District Shahjahanpur and prays to transfer the instant Matrimonial Petition No. 1499 of 2020 (Amit Kapoor Vs. Shalini Gupta) at District Shahjahanpur.

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The transfer of the case is being sought on the ground of convenience as well as pendency of another cases at District Shahjahanpur.

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These material allegations made in the affidavit filed in support of the transfer application stand unrebutted in absence of any counter affidavit. The same are, therefore, necessarily to be accepted as correct.

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The opposite party has filed petition against the applicant at District Bareilly. It is the applicant, who is lady, therefore her convenience must be looked at. The circumstances indicated above are sufficient to allow the instant transfer application.

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Accordingly, I allow the transfer application and direct that Matrimonial Petition No. 1499 of 2020 (Amit Kapoor Vs.

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Shalini Gupta), under Section 9 of Hindu Marriage Act, pending before the Court of Principal Judge Family Court, District Bareilly, shall stand transferred to the competent Court at District Shahjahanpur, forthwith.

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Order Date :- 15.11.2021 S.Ali

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Digitally signed by Justice Shekhar Kumar Yadav Date: 2021.11.16 16:58:12 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Smt Shalni Gupta v. Amit Kapoor

Case brief

What is this about?

What did the court decide?

Smt Shalni Gupta v. Amit Kapoor

Case brief

What is this about?

What did the court decide?

What the court decided

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