Smt Sandhya Kannaujiya v. Nikesh Kannaujiya
Case brief
What is this about?
In Transfer Application No. 711 of 2024, the Court found a prima facie case for transferring a matrimonial suit citing applicant's inconvenience. Notice was issued to the opposite party with time limits for affidavits, and proceedings were stayed pending the next listing.
What did the court decide?
Notice issued to opposite party; four weeks for counter affidavit; two weeks for rejoinder; proceedings stayed.
What the court decided
Court No. - 36
Case :- TRANSFER APPLICATION (CIVIL) No. - 711 of 2024
Applicant :- Smt Sandhya Kannaujiya Opposite Party :- Nikesh Kannaujiya Counsel for Applicant :- Dheeraj Kumar Dwivedi
Hon'ble Kshitij Shailendra,J.
- Heard learned counsel for the applicant.
- The present application has been filed seeking transfer of Original Suit No. 228 of 2024 (Nikesh Kannaujiya Vs. Smt. Sandhya Kannaujiya), under Section 9 of the Hindu Marriage Act from the court of Principal Judge, Family Court, Kannauj to the competent court of District Kanpur Nagar.
- The transfer has been sought citing inconvenience of the applicant.
- 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.
Issues for consideration
2 issues framed by the court
Whether transfer of Original Suit No. 228 of 2024 from Family Court, Kannauj to District Kanpur Nagar prima facie stands made out citing inconvenience.
Whether the applicant is entitled to final order regarding transfer of the concerned matrimonial suit.
Parties & counsel
- applicant
Smt Sandhya Kannaujiya
Coram
Kshitij Shailendra
Krishna Kant Tiwari
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- TACL/711/2024
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