Pragati Srivastava Vs Abhishek Kumar — Matrimonial and Divorce | Allahabad HC (2024)

Pragati Srivastava Vs Abhishek Kumar — Matrimonial and Divorce | Allahabad HC (2024)

What the court decided

AI extract

Outcome

Transfer of H.M. No. 285 of 2024 from the court of the Principal Judge, Family Court, Lakhimpur Kheri to the Court of the Principal Judge, Family Court, Gonda; both parties directed to appear before the court concerned on 25.10.2024.

Issue for consideration

Whether the applicant-wife's transfer application should be allowed and H.M. No. 285 of 2024 be transferred from the Family Court, Lakhimpur Kheri to the Family Court, Gonda, on the ground that there is no direct transport connectivity between the two places.

Court's answer

The transfer application is allowed and H.M. No. 285 of 2024 (Abhishek Kumar v. Pragati Srivastava) under Section 13 of the Hindu Marriage Act is transferred from the court of the learned Principal Judge, Family Court, Lakhimpur Kheri to the Court of the learned Principal Judge, Family Court, Gonda.

Ratio / Principle

Matrimonial cases require mediation and personal interaction between the parties as well as between the parties and the court, and such cases can be better decided by personal presence of the parties (hence the suggested alternative of virtual appearance was not adopted).

Detailed headnote1 paragraphs

Transfer Application (Civil) – transfer of matrimonial case – H.M. No. 285 of 2024 (Abhishek Kumar v. Pragati Srivastava), a petition under Section 13 of the Hindu Marriage Act, pending before the Principal Judge, Family Court, Lakhimpur Kheri – applicant-wife sought transfer to the Family Court, Gonda on the ground of absence of direct transport connectivity between Lakhimpur Kheri and Gonda – opposite party's counsel opposed but could not dispute the correctness of the stated facts and prayed for virtual appearance as an alternative – court held that matrimonial cases require mediation and personal interaction between the parties and with the court and are better decided by personal presence of the parties – transfer application allowed; case transferred to Family Court, Gonda; both parties to appear before the transferee court on 25.10.2024 (Subhash Vidyarthi, J.).

Neutral Citation No. - 2024:AHC-LKO:66109

Court No. - 19

Case :- TRANSFER APPLICATION (CIVIL) No. - 165 of 2024

Applicant :- Pragati Srivastava Opposite Party :- Abhishek Kumar Counsel for Applicant :- Vijayendra Prakash Tripathi,Ravindra Kumar Mishra,Vipul Mishra Counsel for Opposite Party :- Samarth Saxena

Hon'ble Subhash Vidyarthi,J.

Heard Sri V.P. Tripathi, the learned counsel for the applicant, Sri Samarth Saxena, the learned counsel for the opposite party and perused the records.

This is an application filed by the applicant seeking transfer of H.M. No.285 of 2024: Abhishek Kumar Vs. Pragati Srivastava, under Section 13 of Hindu Marriage Act from the court of learned Principal Judge, Family court, Lakhimpur Kheri to the Court of learned Principal Judge, Family Court, Gonda.

The applicant-wife has stated in the application that there is no direct transport connectivity between Lakhimpur Kheri and Gonda and therefore it is difficult for her to defend the case at Lakhimpur Kheri.

Although, the learned counsel for the opposite party has vehemently opposed the application, but he could not dispute the correctness of the aforesaid facts stated in the application. The learned counsel for the opposite prays that as an alternative to transfer of the case the applicant may seek her appearance through virtual mode.

The case is of matrimonial nature requires mediation and personal interaction between the parties as well as between the parties and the court and those cases can be better decided by personal presence of the parties.

In these circumstances, the present transfer application is allowed . The H.M. No.285 of 2024: Abhishek Kumar Vs. Pragati Srivastava, under Section 13 of Hindu Marriage Act pending in the court of learned Principal Judge, Family court, Lakhimpur Kheri is transferred to the Court of learned Principal Judge, Family Court, Gonda. Both the parties shall appear before the court concerned on 25.10.2024.

[Subhash Vidyarthi, J.]

Order Date :- 24.9.2024 Ram.

Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench