Allowed

Smt. Shanu Srivastava v. Kartikey Srivastava

Allahabad HC27 Oct 2021TACL/387/2021

Case brief

AI extract

What is this about?

The Court allowed a transfer application by a wife seeking to move her husband's divorce proceedings from Gautam Budh Nagar to Jhansi. The transfer was granted due to the wife's residence, employment, and childcare responsibilities, making travel to Gautam Budh Nagar impractical.

What did the court decide?

Divorce Case No. 483 of 2021 pending before Principal Judge, Family Court, Gautam Budh Nagar is transferred to Principal Judge, Family Court, Jhansi with a stipulation for expeditious disposal.

Smt. Shanu Srivastava Vs Kartikey Srivastava — Matrimonial and Divorce | Allahabad HC (2021)

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Court No. - 69

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Case :- TRANSFER APPLICATION (CIVIL) No. - 387 of 2021

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Applicant :- Smt. Shanu Srivastava Opposite Party :- Kartikey Srivastava Counsel for Applicant :- Syed Mushfiq Ali

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Hon'ble Shekhar Kumar Yadav,J.

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Heard learned counsel for the applicant and Mr. Prem Prakash, holding brief of Sri Rai Sahab Yadav, learned counsel for the respondent is present.

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The instant transfer application is preferred by the wife seeking transfer of Divorce Case No.483 of 2021 (Kartikey Srivastava vs. Shanu Srivastava), under Section 13 (1) (ia) of Hindu Marriage Act, 1955 pending before Principal Judge, Family Court, Gautam Budh Nagar to Principal Judge Family Court, Jhansi. Further prayer has been made to stay the above said proceeding.

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The facts in brief are that the applicant is an employee in a private company since before marriage. After the marriage, she has been harassed for money, hence, she has filed Divorce Case No.465 of 2021, under Section 13 of Hindu Marriage Act before Principal Judge Family Court, Jhansi, which is still pending. The applicant has also filed a Maintenance Case No.581 of 2021, under Section 125 Cr.P.C. before Principal Judge, Family Court, Jhansi, which is also pending. Opposite party has filed a Divorce Case No.483 of 2021, under Section 13 (1) (ia) of Hindu Marriage Act, 1955 before Principal Judge, Family Court, Gautam Budh Nagar.

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Learned counsel for the applicant submits that the marriage of the applicant was solemnized with opposite party on 12.02.2015 and this is second marriage of both the parties after their divorce. The applicant is living in her matrimonial house with her son and doing job at Jhansi. He lastly submits that being a lady having son aged about 5 years, it is not possible for the applicant to travel alone from district Jhansi to district Gautam Budh Nagar.

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The circumstances indicated above are sufficient.

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Accordingly, the transfer application is allowed and Divorce Case No.483 of 2021 (Kartikey Srivastava vs. Shanu Srivastava), under Section 13 (1) (ia) of Hindu Marriage Act,

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1955 pending before Principal Judge, Family Court, Gautam Budh Nagar is transferred to the competent court at district Jhansi with the stipulation that the written statement shall be filed by the applicant within a period of two weeks from the date the file is received by the transferee court, thereafter, the transferee court shall make an endeavour to decide the case expeditiously, in accordance with law.

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Order Date :- 27.10.2021

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Ajeet

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Digitally signed by Justice Shekhar Kumar Yadav Date: 2021.10.27 17:16:44 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Smt. Shanu Srivastava v. Kartikey Srivastava

Case brief

What is this about?

What did the court decide?

Smt. Shanu Srivastava v. Kartikey Srivastava

Case brief

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What did the court decide?

What the court decided

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