Allowed

Rahul Singh v. Ms. Shambhavi Singh W/o Rahul Singh

Allahabad HC27 Feb 2023TACL/113/2023

Case brief

AI extract

What is this about?

This court allowed a husband's transfer application under Section 24 CPC to expedite his Hindu Marriage Petition from the Principal Judge, Family Court, Allahabad to an Additional Principal Judge due to lack of incumbent. Service was deemed sufficient, and expedited trial within six months directed.

What did the court decide?

Transfer of Hindu Marriage Petition from Principal Judge to Additional Principal Judge, Family Court, Allahabad, with direction to expedite and conclude within six months.

Rahul Singh Vs Ms. Shambhavi Singh W/o Rahul Singh — Matrimonial and Divorce | Allahabad HC (2023)

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Court No. - 6

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Case :- TRANSFER APPLICATION (CIVIL) No. - 113 of 2023

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Applicant :- Rahul Singh Opposite Party :- Ms. Shambhavi Singh W/O Rahul Singh Counsel for Applicant :- Mohit Singh

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Hon'ble J.J. Munir,J.

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Perused the office report dated 27.02.2023, which shows that the Process Serving Agency has reported that since the respondent is not living at home, a copy of the notice was pasted at his door. The report regarding registered post shows that the postal track indicates "Item delivery confirmed".

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In this view of the matter, service upon the opposite party is held sufficient.

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Heard Mr. Ashish Malhotra, learned Counsel for the applicant.

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This is a husband's transfer application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of Hindu Marriage Petition No. 1616 of 2016, Major Rahul Singh, v. Mrs. Shambhavi Singh, under Section 13 of the Hindu Marriage Act, 1955 from the Principal Judge, Family Court, Allahabad to an Additional Principal Judge in the same Court.

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The ground in support of the transfer application is that there is no incumbent in office in the Court of the Principal Judge, Family Court, Allahabad, on account of which, proceedings of the present petition are unnecessarily lingering on.

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In the totality of the circumstances, this Court is of opinion that it is a fit case where transfer should be permitted.

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In the result, this transfer application stands allowed .

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The proceedings of Hindu Marriage Petition No. 1616 of 2016, Major Rahul Singh, v. Mrs. Shambhavi Singh, under Section 13 of the Hindu Marriage Act, 1955 are withdrawn from file of the Principal Judge, Family Court, Allahabad and transferred to the junior-most but one Additional Principal Judge, Family Court, Allahabad. It is directed that the trial shall be expedited and endeavour made to conclude the same within six months of the date of receipt of a copy of this order.

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Let this order be communicated to the In-charge Principal Judge, Family Court, Allahabad through the learned District Judge, Allahabad the Registrar (Compliance).

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Order Date :- 27.2.2023 NSC

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Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad

Rahul Singh v. Ms. Shambhavi Singh W/o Rahul Singh

Case brief

What is this about?

What did the court decide?

Rahul Singh v. Ms. Shambhavi Singh W/o Rahul Singh

Case brief

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What did the court decide?

What the court decided

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