Allowed

Smt. Shikha Rai v. Deepak Jaiswal

Allahabad HC22 Feb 2023TACL/78/2023

Case brief

AI extract

What is this about?

The Hon'ble Division Bench allowed a transfer application regarding proceedings under Section 13 of the Hindu Marriage Act, 1955. Due to the non-functional status of the Principal Judge's court, the trial was transferred to the seniormost Additional Principal Judge with a direction to conclude the trial within six months.

What did the court decide?

The proceedings transferred from the Principal Judge's file to the seniormost Additional Principal Judge; trial to be expedited.

Smt. Shikha Rai Vs Deepak Jaiswal — Writ and Judicial Review | Allahabad HC (2023)

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Court No. - 6

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Case :- TRANSFER APPLICATION (CIVIL) No. - 78 of 2023

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Applicant :- Smt. Shikha Rai Opposite Party :- Deepak Jaiswal Counsel for Applicant :- Syed Mohammad Abbas Abdy,Ankit Tiwari

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Counsel for Opposite Party :- Ved Prakash Mishra

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Hon'ble J.J. Munir,J.

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The applicant has sought transfer of the proceedings of Case No. 601 of 2022, Smt. Shikha Rai v. Deepak Jaiswal, under Section 13 of the Hindu Marriage Act, 1955 from the Principal Judge, Family Court, Allahabad to any other Additional Principal Judge on the said Family Court. The reason for seeking transfer is that there is no incumbent Presiding Officer in the Court of the Principal Judge, Family Court, Allahabad.

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Mr. Ved Prakash Mishra, Advocate, appears on behalf of the opposite party and vociferously opposes the prayer for transfer.

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Upon this Court asking learned Counsel for the opposite party why he opposes the prayer for transfer, because the Court of the Principal Judge, Family Court, Allahabad is vacant, he submits that it is a very sensitive matter, being a family dispute.

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This Court is unable to understand why the opposite party wants the matter to linger on. The Court of the Principal Judge, Family Court, Allahabad is a Court which is non-functional in the absence of a Presiding Officer.

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In the circumstances, this Court is convinced that a case of transfer is made out.

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In the result, this transfer application stands allowed . The proceedings of Case No. 601 of 2022, Smt. Shikha Rai v.

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Deepak Jaiswal, under Section 13 of the Hindu Marriage Act, 1955 are withdrawn from file of the Principal Judge, Family Court, Allahabad and transferred to the seniormost but second 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 :- 22.2.2023 I. Batabyal

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Digitally signed by :- ISHAN BATABYAL High Court of Judicature at Allahabad

Smt. Shikha Rai v. Deepak Jaiswal

Case brief

What is this about?

What did the court decide?

Smt. Shikha Rai v. Deepak Jaiswal

Case brief

What is this about?

What did the court decide?

What the court decided

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