This is a condone proceeding order in a transfer application under Section 24 CPC. The High Court directed the opposite party to file objections, listed the case, and stayed the proceedings under Section 9 of the Hindu Marriage Act pending in Lucknow.
Time granted for filing objections; proceedings under Section 9 HMA stayed till next date; case listed on 22.01.2025.
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.
Court No. - 19
Case :- TRANSFER APPLICATION (CIVIL) No. - 288 of 2024
Applicant :- Komal Opposite Party :- Deepak Kanaujiya Counsel for Applicant :- Dharmendra Kumar Trivedi
Hon'ble Manish Mathur,J.
Heard learned counsel for applicant.
Issue notice to opposite party.
Application under Section 24 of the Code of Civil Procedure has been filed seeking transfer of Original Suit No. 3304 of 2024 instituted by opposite party under Section 9 of the Hindu Marriage Act from the Court of Principal Judge District Lucknow to Raebareli.
Learned counsel for applicant submits that applicant is currently residing at Amethi with jurisdiction in Raebareli and is facing great difficulty in attending to the case at Lucknow.
It is submitted that two other cases between the parties are also pending consideration at Raebareili as indicated in paragraphs 5 to 8 ofthe affidavit filed in support of application.
In view of aforesaid, time is granted to opposite party to file objections.
List this case on 22.01.2025 alongwith service report.
Till next date of listing, proceedings of Original Suit No. 3304 of 2024 (Deepak Kanaujiyar versus Komal) under Section 9 of the Hindu Marriage Act pending in Court of Additional Principal Judge, Family Court, Lucknow shall remain stayed.
Order Date :- 18.12.2024 Satish
Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench
3 issues framed by the court
Whether notice should be issued to the opposite party regarding the transfer application under Section 24 CPC?
Whether the proceedings under Section 9 of the Hindu Marriage Act should be stayed till the next hearing?
Whether the application should be listed for further hearing with service report?
2 provisions across 2 enactments
Komal
Manish Mathur
Satish Kumar Bharati
As recorded by the court registry
8 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
