Devendra Pratap Singh @ Depak Kumar Singh v. Pratibha Singh @ Parool Singh

Allahabad HC12 Aug 2024TACL/162/2024

Case brief

AI extract

What is this about?

Husband sought transfer of his wife's domestic violence case from Lucknow to Barabanki, citing that both parties reside at Barabanki and a related criminal case is pending there, and alleged difficulty in engaging counsel at Lucknow. The court issued notice and stayed the Lucknow proceedings till the next date.

What did the court decide?

Interim stay of proceedings in case no. 31/2024 pending at Lucknow till next date; notice issued to respondent.

Devendra Pratap Singh @ Depak Kumar Singh vs Pratibha… — Domestic Violence | Allahabad HC (2024)

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Court No. - 19

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Case :- TRANSFER APPLICATION (CIVIL) No. - 162 of 2024

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Applicant :- Devendra Pratap Singh @ Depak Kumar Singh Opposite Party :- Pratibha Singh @ Parool Singh Counsel for Applicant :- Mahendra Pratap Singh

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Hon'ble Manish Kumar,J.

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Heard.

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The present application has been preferred by the applicant under Section 24 C.P.C. for transfer of case no. 31/2024 (Pratibha Singh @ Parool Singh vs. Devendra Pratap Singh @ Deepak Kumar Singh) filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act, 2005'), which is pending in the court of Additional Civil Judge (Senior Division), Room No. 20/Additional Chief Judicial Magistrate, Lucknow to District Barabanki or any other District court.

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Learned counsel for the applicant has submitted that the applicant is the husband and the respondent is the wife, who has filed a case under Section 12 of the Act, 2005, which is pending at Lucknow.

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It is further submitted that the applicant and the respondent both are residents of district Barabanki and they are staying at Barabanki. The FIR was lodged by the respondent against the applicant and the criminal case in pursuance thereof is already going on at Barabanki.

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It is further submitted that the Uncle (Fufaji) of the respondent is a practicing lawyer at Lucknow and he is neither permitting the applicant to appear in the case pending before the Additional Civil Judge (Senior Division), Room No. 20, Lucknow nor any Lawyer is accepting the case of the applicant and in this regard, an application has also been moved by the applicant before the court of Additional Civil Judge (Senior Division), Room No. 20/Additional Chief Judicial Magistrate, Lucknow.

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Issue notice to respondent, returnable at an early date.

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Learned counsel for the petitioner prays for and is granted a week's time for taking steps.

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List this case in the week commencing 16.09.2024.

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Meanwhile, parties may exchange the pleadings.

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Office is directed to submit the service report by the next date of listing.

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Till the next date of listing, the proceedings of case no. 31/2024 (Pratibha Singh @ Parool Singh vs. Devendra Pratap Singh @ Deepak Kumar Singh) filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005, shall remain stayed.

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Order Date :- 12.8.2024 Nitesh

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Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench

Devendra Pratap Singh @ Depak Kumar Singh v. Pratibha Singh @ Parool Singh

Case brief

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What did the court decide?

Devendra Pratap Singh @ Depak Kumar Singh v. Pratibha Singh @ Parool Singh

Case brief

What is this about?

What did the court decide?

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