Allowed

Smt. Tripti Pal v. Principal Judge Family Court Barabanki

Allahabad HC6 Mar 2024/162/2022

Case brief

AI extract

What is this about?

This court allowed a transfer application under Section 24 CPC to shift a matrimonial case pending before the Family Court, Barabanki to the District Court, Kanpur Nagar. The transfer was ordered to facilitate the convenience of the applicant-wife and her minor daughter residing in Kanpur.

What did the court decide?

Transfer of Case No. 331 of 2022 from Family Court, Barabanki to District Court, Kanpur Nagar within four weeks.

Smt. Tripti Pal Vs Principal Judge Family Court… — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:20574

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Court No. - 5

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Case :- TRANSFER APPLICATION (CIVIL) No. - 162 of 2022

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Applicant :- Smt. Tripti Pal Opposite Party :- Principal Judge Family Court Barabanki Counsel for Applicant :- Harendra Pratap Singh,Brij Raj Singh,Girish Chandra Misra

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Counsel for Opposite Party :- C.S.C.,Mukesh Kumar Shukla

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Hon'ble Abdul Moin,J.

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List has been revised.

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None appears on behalf of respondent No.2, despite the name of Shri Mukesh Kumar Shukla, counsel being indicated from the side of the respondents neither there is any request for adjournment of the case.

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

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Heard learned counsel for the applicant.

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The instant application has been filed under Section 24 of C.P.C. praying for transfer of the Matrimonial Case No.331 of 2022; In re: Ratnesh Pal Vs. Smt. Tripti Pal under Section 13 of the Hindu Marriage Act, 1955 pending before the Principal Judge, Family Court, Barabanki to District Court, Kanpur Nagar.

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The contention of learned counsel for the applicant is that the applicant-wife and respondent No.2 had got married on 07.12.2014. Subsequent thereto, differences arose between the applicant and respondent No.2 with the result that the applicant is now residing at Kanpur. The applicant claims to have filed a Complaint Case No.139 of 2019 under Section 498A, 323, 504, 506 & 406 IPC and 3/4 Dowry Prohibition Act, which is pending at Kanpur Nagar. A Case No.8290 of 2018 has also been filed under Section 12 of the Domestic Violence Act and a case under Section 125 Cr.P.C. for maintenance numbered as Case No.1200 of 2018 has also been filed, which is pending at Kanpur Nagar.

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Subsequent thereto, respondent No.2 has filed a Case No.331 of 2022, which is pending in the Family Court at Barabanki and it is contended that the applicant is residing at Kanpur Nagar along with her minor daughter, consequently, it would be very difficult for her to do pairvi of the proceedings, which are

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pending at Barabanki.

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Reliance has been placed on the judgements 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 .

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Nobody has responded on behalf of respondent No.2, neither any objection/counter affidavit to the transfer application has been filed. As such the Court has perused the record with the assistance of learned counsel for the applicant.

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From the perusal of the record, it emerges that there are three cases, which have been filed by the applicant at Kanpur Nagar, which are pending. The applicant is also a lady residing at Kanpur along with her minor daughter and in order to do pairvi of the case, which has been filed by respondent No.2 at Barabanki it would be difficult for her to come from Kanpur to Barabanki. The apex Court in the cases of Neelam Pathak (supra) and Pratibha Khemka (supra) has held that the convenience of the lady should be kept in mind in matrimonial proceedings.

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Keeping in view of the aforesaid discussion, the application is allowed .

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Let the Case No.331 of 2022 in Re: Ratnesh Pal Vs. Tripti Pal pending before the Principal Judge, Family Court, Barabanki be transferred to the appropriate Court of District Kanpur Nagar within four weeks, in accordance with law.

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Order Date :- 6.3.2024 Ashutosh

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Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench

Smt. Tripti Pal v. Principal Judge Family Court Barabanki

Case brief

What is this about?

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Smt. Tripti Pal v. Principal Judge Family Court Barabanki

Case brief

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