Allowed

Hema Pandey v. Additional Principal Judge Court No.8 Family Court, Lucknow and Anr.

Allahabad HC22 May 2024/76/2024

Case brief

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What is this about?

Transfer application filed under Section 24 CPC seeking transfer of a matrimonial suit from Family Court Lucknow to District Ghazipur due to the applicant's difficulty in attending court and existence of other pending cases in Ghazipur was allowed.

What did the court decide?

The proceedings of Suit No. 3239 of 2023 were transferred to Family Court, District Ghazipur to be decided expeditiously.

Hema Pandey Vs Additional Principal Judge Court… — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:39135

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Court No. - 17

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Case :- TRANSFER APPLICATION (CIVIL) No. - 76 of 2024

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Applicant :- Hema Pandey Opposite Party :- Additional Principal Judge Court No.8 Family Court, Lucknow And Anr. Counsel for Applicant :- Prashant Kumar Tiwari,Birendra Narain Shukla,Prabhaw Kumar Tripathi

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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 Suit No. 3239 of 2023 instituted by opposite party no. 2 under Section 9 of the Hindu Marriage Act from the Court of Additional Principal Judge Court No. 8, Family Court Lucknow to District Ghazipur.

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Vide order dated 13.05.2024, it has been noticed that as per office report dated 06.05.2024, notice was served personally upon opposite party no. 2 who did not put in appearance and the matter was adjourned in order to provide effective representation to the opposite party no. 2 with the stipulation that appropriate orders would be passed even in the absence of opposite party no. 2 on next date of listing.

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Today also no one has appeared on behalf of opposite party no. 2.

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It has been submitted that after relations have soured between applicant and opposite party no. 2, she is now residing in District Ghazipur with her parents but his facing great difficulty in attending to the case at Lucknow since she does not have any independent source of income.

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It is also submitted that there are two other cases pending in District Ghazipur between the parties.

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In view of uncontroverted submissions and averments of the applicant and in view of judgment rendered by Hon'ble Supreme Court in the case of N.C.V. Aishwarya versus A. S. Saravana Karthik, 2022 SCC Online SC 1199 , the proceedings of Suit No. 3239 of 2023, Sushil Kumar Pandey versus Hema Pandey pending in the Court of Additional Principal Judge Court No. 8 Family Court, Lucknow stands

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transferred to Family Court, District Ghazipur as per its 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

Hema Pandey v. Additional Principal Judge Court No.8 Family Court, Lucknow and Anr.

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Hema Pandey v. Additional Principal Judge Court No.8 Family Court, Lucknow and Anr.

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