The High Court dismissed a transfer application seeking to move a hearsay case under the Hindu Marriage Act to a different forum. The court held the suit was already decided and the State of U.P. was an improper party.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC-LKO:57741
Court No. - 19
Case :- TRANSFER APPLICATION (CIVIL) No. - 169 of 2024
Applicant :- Ms. Annu Singh Opposite Party :- State Of U.P. Through Additional Chief Secretary Department Of Home And Anr. Counsel for Applicant :- Santosh Kumar Shukla,Ichchha Singh,Kiran Singh
Hon'ble Subhash Vidyarthi,J.
No.2649 of 2021 is not pending before the Family Court, Lucknow and a decided case cannot be transferred.
(Subhash Vidyarthi, J.)
Order Date :- 23.8.2024 Ram.
Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether an application for transfer of a suit under Section 13 of Hindu Marriage Act is maintainable when the concerned suit has already resulted in an ex-parte judgment and decree.
Whether the State of U.P. is a necessary or proper party in a private dispute under the Hindu Marriage Act.
Whether an application under Order IX, Rule 13 CPC for setting aside an ex-parte decree can be transferred to another court.
3 provisions across 2 enactments
Ms. Annu Singh
Subhash Vidyarthi
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
