Smt. Shobhita Dubey Vs Alok Kumar Pathak — Domestic Violence | Allahabad HC (2024)

Smt. Shobhita Dubey Vs Alok Kumar Pathak — Domestic Violence | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Transfer of Regular Suit / Case No.572 of 2022 from the Court of Additional Principal Judge, Family Court, Ambedkar Nagar to the competent Court of District Lucknow within four weeks, in accordance with law.

Issue for consideration

Whether the application under Section 24 C.P.C. seeking transfer of Regular Suit / Case No.572 of 2022 (Alok Kumar Pathak v. Shobhita Dubey, under Section 13 Hindu Marriage Act) from the Family Court, Ambedkar Nagar to a competent court in Lucknow should be allowed, having regard to the applicant-lady's convenience (illness, pendency of her cases at Lucknow, distance of more than 190 kms.).

Court's answer

Keeping in view the aforesaid discussion and the judgments of the Apex Court in Neelam Pathak (supra) and Pratibha Khemka (supra), wherein it has been held that the convenience of the lady should be kept in mind in matrimonial proceedings, the present transfer application is allowed.

Ratio / Principle

The Regular Suit / Case No.572 of 2022 in Re: Alok Kumar Pathak Vs. Shobhita Dubey shall be transferred from the Court of Additional Principal Judge, Family Court, Ambedkar Nagar to the competent Court of District Lucknow within four weeks, in accordance with law.

Detailed headnote1 paragraphs

Transfer Application (Civil) No. 119 of 2023 under Section 24 C.P.C. allowed by the High Court of Judicature at Allahabad, Lucknow Bench (Abdul Moin, J.; order dated 29.1.2024). The applicant-wife sought transfer of her husband's matrimonial suit — Regular Suit / Case No.572 of 2022, Alok Kumar Pathak v. Shobhita Dubey, filed under Section 13 of the Hindu Marriage Act, pending before the Additional Principal Judge, Family Court, Ambedkar Nagar — to a competent court in Lucknow. Grounds: the applicant's illness and treatment at the Nuero Clinic; her application under 125 Cr.P.C. (Case No.175 of 2023) and Complaint Case No.1668 of 2023 under Section 12 of the Domestic Violence Act already pending at Lucknow; and that being a single lady without assistance she would have to travel more than 190 kms. for pairvi. Relying on Neelam Pathak v. Alok Kumar Bharti, (2004) 13 SCC 687 and Pratibha Khemka v. Sanjay Kumar Khemka, (2004) 13 SCC 686, the Court held that the convenience of the lady should be kept in mind in matrimonial proceedings, allowed the application, and directed transfer to the competent Court of District Lucknow within four weeks in accordance with law.

Neutral Citation No. - 2024:AHC-LKO:8192

Court No. - 5

Case :- TRANSFER APPLICATION (CIVIL) No. - 119 of 2023

Applicant :- Smt. Shobhita Dubey Opposite Party :- Alok Kumar Pathak Counsel for Applicant :- Amjad Siddiqui

Hon'ble Abdul Moin,J.

Heard learned counsel for the applicant.

Nobody has put in appearance on behalf of the opposite party.

Service report dated 10.07.2023 indicates that notice on the opposite party has duly been served.

Accordingly, the Court proceeds to hear and decide the matter finally.

The instant application has been filed under Section 24 of C.P.C. praying for transfer of the Regular Suit / Case No.572 of 2022 in Re: Alok Kumar Pathak Vs. Shobhita Dubey filed under Section 13 of the Hindu Marriage Act, pending before the learned Additional Principal Judge, Family Court, Ambedkar Nagar to any competent court in Lucknow.

The grounds seeking transfer are that (a) the applicant is suffering from illness and is under treatment of the Nuero Clinic (b) the applicant has filed an application under 125 Cr.P.C. bearing Case No.175 of 2023 which is pending at Lucknow (c) the applicant has filed Complaint Case No.1668 of 2023 under Section 12 of the Domestic Violence Act, which is pending at Lucknow and (d) the applicant is a single lady having no assistance and would have to travel the distance of more than 190 kms. in order to do proper pairvi of the case filed by her husband i.e. opposite party at Ambedkar Nagar.

Reliance has been placed on the judgments of the Apex Court in the cases of Neelam Pathak vs. Alok Kumar Bharti reported in (2004) 13 SCC 687 and Pratibha Khemka vs. Sanjay Kumar Khemka reported in (2004) 13 SCC 686, to argue that

the Apex Court has categorically laid down that the convenience of the lady should be kept in mind in matrimonial proceedings.

Accordingly, keeping in view the aforesaid discussion and judgments of the Apex Court in the cases of Neelam Pathak (supra) and Pratibha Khemka (supra), wherein it has been held that the convenience of the lady should be kept in mind in matrimonial proceedings, the present application is allowed.

Let the Regular Suit / Case No.572 of 2022 in Re: Alok Kumar Pathak Vs. Shobhita Dubey be transferred from the Court of Additional Principal Judge, Family Court, Ambedkar Nagar to the competent Court of District Lucknow within four weeks, in accordance with law.

Order Date :- 29.1.2024 S. Shivhare

Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench