Shalini Seth v. Nishant Seth
Case brief
What is this about?
Transfer of matrimonial suit; Section 24 CPC transfer application by wife; Section 13 Hindu Marriage Act divorce petition moved from Family Court Lucknow to Prayagraj; convenience of the lady/wife in matrimonial proceedings; reliance on Supreme Court decisions Neelam Pathak (2004) 13 SCC 687 and Pratibha Khemka (2004) 13 SCC 686; parallel Section 125 CrPC maintenance case No.915 of 2021 and Section 12 Domestic Violence Act case No.549 of 2021 pending at Allahabad; mediation failed; ex parte decision, opposite party absent despite notice; transfer ordered within four weeks; Allahabad High Court Lucknow Bench, single judge Abdul Moin, J.; order dated 16.1.2024.
What did the court decide?
Transfer of Divorce Petition No.3317 of 2021 (Shri Nishant Seth v. Smt. Shalini Seth, Section 13 Hindu Marriage Act) from the Principal Judge, Family Court, Lucknow to the competent Court of District Prayagraj, within four weeks of receipt of a certified copy of the order.