Smt. Neha v. Pankaj Kumar
Case brief
What is this about?
Wife sought transfer of her husband's divorce suit from Pilibhit Family Court to Shahjahanpur citing inconvenience. Court found prima facie case based on Supreme Court precedents but deferred final decision; issued notice and stayed further proceedings in the suit till next listing.
What the court decided
A compact analysis
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. - 36
Case :- TRANSFER APPLICATION (CIVIL) No. - 768 of 2024
Applicant :- Smt. Neha Opposite Party :- Pankaj Kumar Counsel for Applicant :- Bipin Kumar Tripathi,Vipul Shukla
Hon'ble Kshitij Shailendra,J.
- Heard learned counsel for the applicant.
- The present application has been filed seeking transfer of Matrimonial Divorce Suit No. 585 of 2022, under Section 13(1)(i-a) of Hindu Marriage Act from the court of Additional Principal Judge, Family Court, Pilibhit to the competent court at Shahjahanpur.
- 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
1 issue framed by the court
Whether a divorce suit under Section 13(1)(i-a) Hindu Marriage Act pending at Pilibhit should be transferred to Shahjahanpur on the ground of the applicant's inconvenience.
Parties & counsel
- applicant
Smt. Neha
- respondent
Pankaj Kumar
Coram
Kshitij Shailendra
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · November
- Registered
- Case no.
- TACL/768/2024
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