Transfer application seeking transfer of a divorce case from Allahabad to Lucknow was dismissed due to lack of applicant presence and potential efflux of time, with liberty granted to file a recall application.
Application dismissed; liberty granted to move recall application.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 92 of 2018
Applicant :- Archana Mishra Opposite Party :- Sushil Kumar Mishra Counsel for Applicant :- Juned Alam
Hon'ble Neeraj Tiwari,J.
Case was called out in revised. Learned counsel for the applicant is not present.
Present transfer application has been filed for seeking transfer of Divorce Case No. 1569 of 2017, (Sushil Kumar vs. Archana Mishra) filed under Section 13 of Hindu Marriage Act, 1955 from Principal Judge, Family Court, Allahabad to Principal Judge, Family Court, Lucknow.
Divorce Case is pertaining to the year 2017 and there is no interim order passed by the High Court. Therefore, I have gone through the records and it appears that by efflux of time, either aforesaid divorce case has been decided or applicant is not willing to contest the transfer application.
Accordingly, transfer application is dismissed. However, liberty is given to the applicant to move recall application, if cause of action still survives.
Order Date :- 23.2.2022 Junaid
Digitally signed by JUNAID AHMAD Date: 2022.02.23 17:03:39 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to transfer Divorce Case No. 1569 of 2017 from Family Court, Allahabad to Family Court, Lucknow.
Archana Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
