Allowed

Pragati Srivastava v. Abhishek Kumar

Allahabad HC22 Aug 2024TACL/165/2024

Case brief

AI extract

What is this about?

This court allowed a transfer application under Section 13 of the Hindu Marriage Act. The applicant-wife sought transfer from Lakhimpur Kheri to Gonda due to lack of direct transport. The court rejected virtual appearance as an alternative given the need for personal interaction in matrimonial cases and transferred the matter to Gonda.

What did the court decide?

Transfer of H.M. No.285 of 2024 from Family Court, Lakhimpur Kheri to Family Court, Gonda. Both parties directed to appear on 25.10.2024.

Pragati Srivastava vs Abhishek Kumar — Matrimonial and Divorce | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:66109

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Court No. - 19

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Case :- TRANSFER APPLICATION (CIVIL) No. - 165 of 2024

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Applicant :- Pragati Srivastava Opposite Party :- Abhishek Kumar Counsel for Applicant :- Vijayendra Prakash Tripathi,Ravindra Kumar Mishra,Vipul Mishra Counsel for Opposite Party :- Samarth Saxena

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri V.P. Tripathi, the learned counsel for the applicant, Sri Samarth Saxena, the learned counsel for the opposite party and perused the records.

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This is an application filed by the applicant seeking transfer of H.M. No.285 of 2024: Abhishek Kumar Vs. Pragati Srivastava, under Section 13 of Hindu Marriage Act from the court of learned Principal Judge, Family court, Lakhimpur Kheri to the Court of learned Principal Judge, Family Court, Gonda.

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The applicant-wife has stated in the application that there is no direct transport connectivity between Lakhimpur Kheri and Gonda and therefore it is difficult for her to defend the case at Lakhimpur Kheri.

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Although, the learned counsel for the opposite party has vehemently opposed the application, but he could not dispute the correctness of the aforesaid facts stated in the application. The learned counsel for the opposite prays that as an alternative to transfer of the case the applicant may seek her appearance through virtual mode.

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The case is of matrimonial nature requires mediation and personal interaction between the parties as well as between the parties and the court and those cases can be better decided by personal presence of the parties.

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In these circumstances, the present transfer application is allowed . The H.M. No.285 of 2024: Abhishek Kumar Vs. Pragati Srivastava, under Section 13 of Hindu Marriage Act pending in the court of learned Principal Judge, Family court, Lakhimpur Kheri is transferred to the Court of learned Principal Judge, Family Court, Gonda. Both the parties shall appear before the court concerned on 25.10.2024.

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[Subhash Vidyarthi, J.]

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Order Date :- 24.9.2024 Ram.

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

Pragati Srivastava v. Abhishek Kumar

Case brief

What is this about?

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Pragati Srivastava v. Abhishek Kumar

Case brief

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