Allowed

Smt. Mamta Yadav v. Prin.Judge Family Court Lucknow and Anr.

Allahabad HC22 May 2024/51/2024

Case brief

AI extract

What is this about?

This judgment allows a transfer application under Section 24 CPC. The applicant, residing in Moradabad, sought transfer of her matrimonial case from Lucknow. Considering her hardship and uncontroverted submissions, the High Court transferred the case to Moradabad for expedited disposal.

What did the court decide?

Transfer of Matrimonial Case No. 3778 of 2022 from Court of Additional Principal Judge-V Family Court, Lucknow to District Moradabad.

Smt. Mamta Yadav Vs Prin.Judge Family Court… — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:39077

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Court No. - 17

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Case :- TRANSFER APPLICATION (CIVIL) No. - 51 of 2024 Applicant :- Smt. Mamta Yadav Opposite Party :- Prin.Judge Family Court Lucknow And Anr. Counsel for Applicant :- Syed Anzar Husain,Faisal Husain

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Hon'ble Manish Mathur,J.

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Heard learned counsel for applicant.

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Application under Section 24 of the Code of Civil Procedure has been filed seeking transfer of Matrimonial Case No. 3778 of 2022 instituted by the opposite party under Section 9 of the Hindu Marriage Act from District Lucknow to District Moradabad.

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Vide order dated 18.04.2024 it has been noticed that as per office report dated 02.04.2024 , notice has been received personally by opposite party no. 2 but no one has put in appearance on his behalf and time was granted for effective representation with the stipulation that the case will be decided on the next date of listing even in the absence of opposite party.

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Despite service of notice, no one has put in appearance on behalf of opposite party no. 2 even today.

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It has been submitted that applicant is now residing in District Moradabad alongwith her parents since relations between her with her husband have soured. It is submitted that applicant does not have any independent source of income and is facing great difficulty in attending to the case at Lucknow. It is further submitted that two other cases are also pending between the parties in District Moradabad.

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In view of uncontroverted submissions of learned counsel for applicant has indicated in the application, the Matrimonial Case No. 3778 of 2022 Piyush Yadav versus Smt. Mamta Yadav pending in the Court of Additional Principal Judge-V Family Court, Lucknow stands transferred to District Moradabad as per allocation and shall be decided expeditiously without granting and due adjournments to either parties.

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The application, therefore, stands allowed .

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Order Date :- 22.5.2024 Satish

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Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench

Smt. Mamta Yadav v. Prin.Judge Family Court Lucknow and Anr.

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Smt. Mamta Yadav v. Prin.Judge Family Court Lucknow and Anr.

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