Disposed

Smt. Amrita Gupta v. Saurabh Seth

Allahabad HC9 Dec 2024TACL/648/2024

Case brief

AI extract

What is this about?

In a transfer application under Section 13 of the Hindu Marriage Act, the court acknowledged a prima facie case for transfer due to the applicant's inconvenience based on precedents. The application was not decided immediately; notice was issued to the opposite party with a stay on further proceedings until the matter is listed before a Bench in March 2025.

What did the court decide?

Interim stay on proceedings; notice to opposite party; four weeks for counter-affidavit; two weeks for rejoinder; listing set for March 2025.

Smt. Amrita Gupta vs Saurabh Seth — Matrimonial and Divorce | Allahabad HC (2024)

¶1

Court No. - 36

¶2

Case :- TRANSFER APPLICATION (CIVIL) No. - 648 of 2024

¶3

Applicant :- Smt. Amrita Gupta Opposite Party :- Saurabh Seth Counsel for Applicant :- Hitesh Kumar Mishra

¶4

Hon'ble Kshitij Shailendra,J.

¶5

Heard learned counsel for the applicant.

¶6

The present application has been filed seeking transfer of Case No. 137 of 2024 (Saurabh Seth vs. Smt. Amrita Gupta), under Section 13 of Hindu Marriage Act from the court of Principal Judge, Family Court, Kanpur Nagar to the competent court at Lucknow.

¶7

The transfer has been sought citing inconvenience of the applicant.

¶8

In view of the decisions of Supreme Court in the cases of Rajni Kumari v. Raghvinder Sahay alias Babu, (2011) 11 SCC 176, Anjali Ashok Sadhwani v. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374, Fatema v. Jafri Syed Husain (Parvez), AIR 2009 SC 1773, Mona Aresh Goel vs. Aresh Satya Goel , (2000) 9 SCC 255, Sumita Singh vs. Kumar Sanjay and another, (2001) 10 SCC 41 and Vaishali Shridhar Jagtap vs. Shridhar Vishwanath Jagtap , (2016) 14 SCC 356, prima facie case for indulgence stands made out, however, final opinion regarding transfer of the concerned case shall be made only after hearing the other side.

¶9

Issue notice to the opposite party. Steps be taken by ordinary post as well as by registered speed post within ten days. In case, steps are not taken, the case shall be listed under Chapter XII Rule 4 of the High Court Rules.

¶10

Four weeks' time is granted to the opposite party for filing counter affidavit.

¶11

Two weeks' time, thereafter is granted to the applicant for filing rejoinder affidavit.

¶12

Till the next date of listing, further proceedings of aforesaid case shall remain stayed.

¶13

It is made clear that in case proceedings of the aforesaid case have been expedited by this Court in any other proceedings, the present interim order shall not operate.

¶14

List this case in March, 2025 before appropriate Bench.

¶15

Order Date :- 9.12.2024 Sazia

¶16

Digitally signed by :- SAZIA AQUIL High Court of Judicature at Allahabad

Smt. Amrita Gupta v. Saurabh Seth

Case brief

What is this about?

What did the court decide?

Smt. Amrita Gupta v. Saurabh Seth

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Subhash Chand vs State of Up and 2 Others

Smt. Ashroj @ Suman vs the State of Up and 3 Others

Ram Kishan Singh vs the State of Up and 7 Others

Sahul Srivastava vs Santosh Kumar Upadhyay, District Basic Education Officer, Mau

Vinod Shankar Dixit vs Smt Shivkumari Dixit and 7 Others

Smt. Aneeta Dixit vs Smt. Shobha