Partly allowed

Smt. Anchal Shivhare v. Sumit Gupta

Allahabad HC24 Sept 2024TACL/747/2024

Case brief

AI extract

What is this about?

In a transfer application, the Allahabad High Court set aside the filing venue of a marriage petition in Jalaun and ordered its transfer to Jhansi due to the applicant-wife's residence there and pending related cases. The petition in Jalaun was stayed pending further orders.

What did the court decide?

Transfer of Marriage Petition No.- 498 of 2024 to the court of Principal Judge, Family Court, Jhansi; stay of proceedings in Jalaun.

Smt. Anchal Shivhare vs Sumit Gupta — Matrimonial and Divorce | Allahabad HC (2024)

¶1

Court No. - 35

¶2

Case :- TRANSFER APPLICATION (CIVIL) No. - 747 of 2024

¶3

Applicant :- Smt. Anchal Shivhare Opposite Party :- Sumit Gupta Counsel for Applicant :- Navin Kumar Srivastava,Vidit Narayan Mishra

¶4

Hon'ble Vipin Chandra Dixit,J.

¶5

Heard Sri Nalin Kumar Srivastava, learned counsel for the applicant and perused the record.

¶6

This transfer application has been filed by the applicant seeking transfer of Marriage Petittion No.- 498 of 2024 (Sumit Gupta Vs. Smt. Anchal Shivhare) under Section 9 of Hindu Marriage Act from the court of Principal Judge, Family Court, Jalaun at Orai to the court of Principal Judge, Family Court, Jhansi.

¶7

It is submitted by learned counsel for the applicant that it is a matrimonial dispute between the parties and the applicant-wife is presently resides at district Jhansi. She has lodged first information report against opposite party and his family members under Sections 85, 115(2), 352, 351(2) of B.N.S. and 3/4 of D.P. Act, which was registered as Case Crime No.- 0138 of 2024 in P.S.Gursarai, District- Jhansi. The applicant has also filed an applicaion under Section 144 of B.N.S.S., 2023 claiming maintenance in the court of Principal Judge, Family Court, Jhansi. Both the cases are pending in the Judgeship of Jhansi. The present divorce petition has been filed by opposite party-husband on altogether incorrect facts in the court of Principal Judge, Family Court, Jalaun at Orai only to harass the applicant. District Jalaun is much away from district Jhansi. The applicant being deserted wife of opposite party, having no source of income is facing great hardship to attend the court proceedings in the court of Principal Judge, Family Court, Jalaun at Orai.

¶8

Matter requires consideration.

¶9

Admit.

¶10

Issue notice. Steps be taken within a week by registered post. List after two months.

¶11

Until further order of this Court, further proceedings of Marriage Petition No.- 498 of 2024 (Sumit Gupta Vs. Smt. Anchal Shivhare) pending in the court of Principal Judge, Family Court, Jalaun at Orai, shall remain stayed.

¶12

Order Date :- 24.9.2024 Virendra

¶13

Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad

Smt. Anchal Shivhare v. Sumit Gupta

Case brief

What is this about?

What did the court decide?

Smt. Anchal Shivhare v. Sumit Gupta

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sonu vs State of U.P. and 3 Others

Ram Sushil vs State of Up and 03 Others

Chandrapal vs State of Up and 3 Others

Mayank Arora vs State of U.P. and 2 Others

Sudarshan Yadav vs State of Up and 12 Others

Agya Ram vs State of Up and 3 Others