Shobhita Swarnkar Alias Pooja v. Rajesh Kumar Soni

Allahabad HC22 Apr 2024/68/2022

Case brief

AI extract

What is this about?

Keywords: transfer of matrimonial suit; Section 24 Code of Civil Procedure, 1908; Section 13 Hindu Marriage Act, 1955; Section 9 Hindu Marriage Act, 1955; convenience of parties; applicant residing at Lucknow with minor child; multiple pending cases between same parties at Lucknow; transfer from Family Court Balrampur to Family Court Lucknow; Transfer Application (Civil) No. 68 of 2022; Neutral Citation 2024:AHC-LKO:31227; High Court of Judicature at Allahabad, Lucknow Bench; Hon'ble Manish Mathur, J.; decided 22.4.2024; application allowed; expeditious disposal direction.

What did the court decide?

Transfer of Regular Suit No.86 of 2022 from the Court of Principal Judge, Family Court, Balrampur to Family Court, Lucknow, with a direction that it be decided expeditiously without granting undue adjournments to either party. ¶¶14

Shobhita Swarnkar Alias Pooja Vs Rajesh Kumar Soni — Matrimonial and Divorce | Allahabad HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether Regular Suit No.86 of 2022 (Rajesh Kumar Soni v. Smt. Shobhita Swarnkar @ Pooja), filed by the opposite party under Section 13 of the Hindu Marriage Act, 1955 and pending before the Principal Judge, Family Court, Balrampur, should be transferred to Family Court, Lucknow.

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Court's answer

It is evident and admitted that at least three other cases are pending between the parties at Lucknow, where the applicant is residing along with her minor child.

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Ratio / Principle

Regular Suit No.86 of 2022, Rajesh Kumar Soni v. Smt. Shobhita Swarnkar @ Pooja, pending before the Principal Judge, Family Court, Balrampur, stands transferred to Family Court, Lucknow as per its allocation, and shall be decided expeditiously without granting any undue adjournments to either party.

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Detailed headnote1 paragraphs

Transfer Application (Civil) No. 68 of 2022 under Section 24 of the Code of Civil Procedure, 1908 allowed by the High Court of Judicature at Allahabad, Lucknow Bench (Manish Mathur, J.; order dated 22.4.2024): Regular Suit No.86 of 2022, Rajesh Kumar Soni v. Smt. Shobhita Swarnkar @ Pooja, instituted by the opposite party under Section 13 of the Hindu Marriage Act, 1955 before the Principal Judge, Family Court, Balrampur, stands transferred to Family Court, Lucknow as per its allocation, to be decided expeditiously without granting undue adjournments to either party. Ground: it was evident and admitted that at least three other cases between the parties are already pending at Lucknow, where the applicant resides with her minor child; an earlier application of the opposite party under Section 9 of the Act of 1955 filed at Balrampur had already been transferred to Lucknow in 2017 (Transfer Application No. 11 of 2017, registered as Case No.366 of 2016) and was dismissed as withdrawn.

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Neutral Citation No. - 2024:AHC-LKO:31227

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Court No. - 17

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Case :- TRANSFER APPLICATION (CIVIL) No. - 68 of 2022

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Applicant :- Shobhita Swarnkar Alias Pooja Opposite Party :- Rajesh Kumar Soni Counsel for Applicant :- Rohit Tripathi,Brijendra Singh,Siddharat Singh Counsel for Opposite Party :- Anand Kumar Srivastava,Ashish Kumar Gupta,Udai Pratap Yadav,Vivek Kumar Srivastava

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Hon'ble Manish Mathur,J.

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Heard learned counsel for applicant and learned counsel for opposite parties.

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Application under Section 24 of the Code of Civil Procedure, 1908 has been filed seeking transfer of Regular Suit No.86 of 2022, Rajesh Kumar Soni v. Smt. Shobhita Swarnkar @ Pooja filed by opposite party under Section 13 of Hindu Marriage Act, 1955(hereinafter referred to as the Act of 1955).

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Vide order dated 30.10.2023, a last opportunity of two weeks had been granted to opposite parties for filing objections which have not been filed till date.

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In the memo of Application, it has been indicated that three cases are already pending in District Lucknow where the Applicant is already residing along with her minor son. The other cases are indicated in paragraphs 10 and 11 of the Application. It is submitted that earlier also opposite party had filed an Application under Section 9 of the Act of 1955 in Balrampur which was also transferred to Lucknow vide order dated 18.07.2017 passed in Transfer Application No. 11 of 2017 and was registered at Lucknow as Case No.366 of 2016 whereafter the said case was dismissed as withdrawn.

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Learned counsel for opposite parties has opposed the Transfer Application with the submission that the opposite party is working in district Lakhimpur Kheri and therefore seeks

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transfer of case to a place which is mutually convenient for both the parties. The said suggestion has been rejected by learned counsel for applicant.

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Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is quite evident and admitted that at least three other cases are pending between the parties at Lucknow where the applicant is residing along with her minor child.

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In view of aforesaid, Regular Suit No.86 of 2022, Rajesh Kumar Soni v. Smt. Shobhita Swarnkar @ Pooja pending in the Court of Principal Judge, Family Court, Balrampur stands transferred to Family Court, Lucknow as per its allocation and shall be decided expeditiously without granting any undue adjournments to either party.

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The Application therefore stands allowed.

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Order Date :- 22.4.2024 kvg/-

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Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench

Shobhita Swarnkar Alias Pooja v. Rajesh Kumar Soni

Case brief

What is this about?

What did the court decide?

Shobhita Swarnkar Alias Pooja v. Rajesh Kumar Soni

Case brief

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What the court decided

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