Disposed¶9

Smt. Richa Srivastava and Others v. Subodh Srivastava

Allahabad HC26 Feb 2024/37/2024

Case brief

AI extract

What is this about?

Transfer Application (Civil) Section 24 CPC; transfer of matrimonial Case No. 306 of 2023 and Section 26 Hindu Marriage Act 1955 applications; Family Court Lucknow to Gazhiabad; video conferencing in judicial proceedings; Rules for Video Conferencing for Courts in the State of Uttar Pradesh, 2020; Smt. Sunita Devi Vs. State of U.P and ors, Transfer Application (Criminal) No. 282 of 2021 (02.08.2022); liberty to apply under Rules 2020; one-week filing / ten-day consideration timeline; Abdul Moin, J.; decided 26.2.2024; Neutral Citation 2024:AHC-LKO:16908.

What did the court decide?

Liberty to the applicant to apply under the Rules, 2020 for video conferencing in judicial proceedings; an application filed within one week is to be considered by the concerned Court within a further period of ten days from the application being filed.

Smt. Richa Srivastava and Others Vs Subodh… — Matrimonial and Divorce | Allahabad HC (2024)

What the court decided

AI extract

Outcome

¶9

Issue for consideration

Whether Case No. 306 of 2023 (Subodh Srivastava vs. Smt. Richa Srivastava and Ors.) and the pending applications under Section 26 of the Hindu Marriage Act, 1955 should be transferred from the Family Court, Lucknow to the Family Court, Gazhiabad.

¶7

Court's answer

The transfer application is disposed of with liberty to the applicant to apply under the Rules, 2020 for video conferencing in judicial proceedings.

¶9

Ratio / Principle

If an application under the Rules, 2020 is filed within one week, the concerned Court shall consider it within a further period of ten days from the application being filed.

¶9

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Abdul Moin, J.; order dated 26.2.2024), disposed of a Transfer Application (Civil) No. 37 of 2024 under Section 24 of the Civil Procedure Code filed by Smt. Richa Srivastava and others seeking transfer of Case No. 306 of 2023 (Subodh Srivastava vs. Smt. Richa Srivastava and Ors.) and all pending applications under Section 26 of the Hindu Marriage Act, 1955 from the Additional Principal Judge, IV, Family Court, Lucknow to the Additional Principal Judge, Family Court, Gazhiabad. Following this Court's decision in Smt. Sunita Devi Vs. State of U.P and ors (Transfer Application (Criminal) No. 282 of 2021, decided 02.08.2022), the application was disposed of with liberty to the applicant to apply under the Rules for Video Conferencing for Courts in the State of Uttar Pradesh, 2020 for video conferencing in judicial proceedings, with a direction that an application filed within one week be considered by the concerned Court within a further period of ten days. The transfer itself was neither allowed nor refused on merits.

¶1

Neutral Citation No. - 2024:AHC-LKO:16908

¶2

Court No. - 5

¶3

Case :- TRANSFER APPLICATION (CIVIL) No. - 37 of 2024 Applicant :- Smt. Richa Srivastava And Others Opposite Party :- Subodh Srivastava Counsel for Applicant :- Rishabh Kapoor,Krishna Kumar Vishwakarma Counsel for Opposite Party :- Chandra Shekher Pandey

¶4

Hon'ble Abdul Moin,J.

¶5

Heard Sri Rishabh Kapoor, learned counsel for the applicants and Sri Chandra Shekher Pandey, Advocate as well as Sri Raghav Chandra, learned counsel for the respondent.

¶6

With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided.

¶7

Instant application has been filed under Section 24 of the Civil Procedure Code praying for transfer of Case no. 306 of 2023 Inre; Subodh Srivastava Vs. Smt. Richa Srivastava and Ors as well as all pending applications filed under Section 26 of the Hindu Marriage Act, 1955 before the learned Additional Principal Judge, IV, Family Court, Lucknow to the learned Additional Principal Judge, Family Court, Gazhiabad, in the interest of justice.

¶8

It has been pointed out that this Court in the case of Smt. Sunita Devi Vs. State of U.P and ors passed in Transfer Application (Criminal) No. 282 of 2021 decided on 02.08.2022 after considering the Rules for Video Conferencing for Courts in the State of Uttar Pradesh, 2020 (hereinafter referred to as "Rules, 2020") for video conference facility in judicial proceedings has disposed of the said application by providing that in case any application is preferred by the applicant under the Rules, 2020, the Court/authority concerned shall be obliged under law to pass an appropriate order in accordance with law at the earliest.

¶9

Considering the aforesaid judgment in the case of Smt. Sunita Devi (supra) the instant application is disposed of with the liberty to the applicant to apply under the Rules, 2020 for video conferencing in judicial proceedings. It is further provided that in case an application is filed within a period of one week from today in accordance with law then the said application shall be considered by the concerned Court within a further period of ten days from the application being filed.

¶10

Order Date :- 26.2.2024/Pachhere/-

¶11

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

Smt. Richa Srivastava and Others v. Subodh Srivastava

Case brief

What is this about?

What did the court decide?

Smt. Richa Srivastava and Others v. Subodh Srivastava

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Radhika Kishan Chand Surtani and Another Vs Ist Addl. Judge Small Causes Lucknow

Allahabad Bank through the Regional Manager Vs the Central Govt.Industrial Tribunal Cum Labour Court Lko.

Dinesh Chandra Awasthi Vs Smt. Bindeshwari

Raghu Bansh Singh and Another Vs Smt.Saumya Singh and Another

Ghansyam Tiwari Vs District Magistrate / Collector Distt. Amethi and 3 Others

Raghu Bansh Singh and Another Vs Smt.Saumya Singh and Another