Smt. Rashmi Singh Vs Navneet Singh Gaur — Matrimonial and Divorce | Allahabad HC (2025)

Smt. Rashmi Singh Vs Navneet Singh Gaur — Matrimonial and Divorce | Allahabad HC (2025)

What the court decided

AI extract

Outcome

The transfer application was allowed; proceedings of Suit No.1307 of 2023 (Navneet Singh Gaur v. Rashmi Singh) were transferred from Family Court, Hardoi to a court of competent jurisdiction at Lucknow, and the Family Court was directed to decide the proceedings expeditiously without granting undue adjournments to either party.

Issue for consideration

Whether Suit No.1307 of 2023 (Navneet Singh Gaur v. Rashmi Singh) pending at Family Court, Hardoi under Section 13 of Hindu Marriage Act should be transferred to District Lucknow, given the applicant resides at Lucknow and claims difficulty and intimidation in attending courts at Hardoi.

Court's answer

The court found that there was misrepresentation in the memorandum of application: the applicant had indicated she was a housewife, whereas the opposite party produced her registration certificate showing she is a practising lawyer.

Ratio / Principle

Mere registration as a lawyer cannot be assumed to mean that the applicant earns enough to cover the expenses of attending the case filed against her at Hardoi; hence her practising status did not defeat the transfer request.

Key takeaways

In view of the Supreme Court judgment in N.C.V. Aishwarya v. A.S. Saravana Karthik (2022 SCC Online SC 1199), the proceedings of Suit No.1307 of 2023 (Navneet Singh Gaur v. Rashmi Singh) pending before the Principal Judge, Family Court, District Hardoi were transferred to a court of competent jurisdiction at Lucknow.ratio¶14

Detailed headnote1 paragraphs

Transfer application under Section 24 of the Code of Civil Procedure, 1908 by Smt. Rashmi Singh seeking transfer of Suit No.1307 of 2023 (Navneet Singh Gaur v. Rashmi Singh), instituted by her husband under Section 13 of Hindu Marriage Act, from Family Court, Hardoi to District Lucknow. The court observed misrepresentation in the application (the applicant, shown by registration certificate to be a practising lawyer at Lucknow, had described herself as a housewife) but held that mere registration as a lawyer does not establish that she earns enough to bear the expense of attending courts at Hardoi. Relying on the judgment of Hon'ble the Supreme Court in N.C.V. Aishwarya v. A.S. Saravana Karthik, 2022 SCC Online SC 1199, the court transferred the proceedings to a court of competent jurisdiction at Lucknow, allowed the application, and directed the Family Court to dispose of the proceedings expeditiously without undue adjournments. Judgment by Hon'ble Manish Mathur, J., Order Date 31.1.2025, Neutral Citation 2025:AHC-LKO:6680.

Neutral Citation No. - 2025:AHC-LKO:6680

Court No. - 19

Case :- TRANSFER APPLICATION (CIVIL) No. - 275 of 2024

Applicant :- Smt. Rashmi Singh Opposite Party :- Navneet Singh Gaur Counsel for Applicant :- Rajendra Prasad Yadav Counsel for Opposite Party :- Aishwarya Pratap Singh,Manish Kumar Yadav,Vivek Kumar Divedi

Hon'ble Manish Mathur,J.

Heard Mr. Rajendra Prasad Yadav, learned counsel for applicant and Mr. Aishwarya Pratap Singh, learned counsel for opposite party.

Application under Section 24 of the Code of Civil Procedure, 1908 has been filed seeking transfer of Suit No.1307 of 2023 instituted by opposite party under Section 13 of Hindu Marriage Act from Family Court, Hardoi to District Lucknow.

It is submitted that the applicant is residing at Lucknow without any independent source of income and is finding it difficult to attend the case at Hardoi in view of fact that applicant as well as opposite party are lawyers and the applicant is facing intimidation in attending to case at Hardoi.

Learned counsel for opposite party has refuted the submissions advanced by learned counsel for applicant with the submission that the application has been filed with concealment of facts inasmuch as that applicant is not a house wife but is self-employed as a Lawyer and therefore has not come with clean hands.

Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is evident that applicant has indicated in memorandum of application that she is a house wife. However, opposite party has brought on record her registration certificate indicating her

to be a practising lawyer.

In the considered opinion of this court, the aspect of misrepresentation is evident in the application.

However, it is also admitted between the parties that both the applicant as well as opposite party are Lawyers with the applicant practising at Lucknow and opposite party practicing at Hardoi. Merely by means of registration as a lawyer, it cannot be assumed that the applicant is earning enough to cover expenses for attending to case filed against her at Hardoi.

In view of judgment rendered by Hon'ble the Supreme Court in N.C.V. Aishwarya v. A.S. Saravana Karthik reported in 2022 SCC Online SC 1199, the proceedings of Suit No.1307 of 2023(Navneet Singh Gaur v. Rashmi Singh) pending in the Court of Principal Judge, Family Court, District Hardoi stands transferred to Court of competent jurisdiction at Lucknow.

The Application therefore stands allowed .

The Family Court is directed to decide the aforesaid proceedings expeditiously without granting undue adjournments to either party.

Order Date :- 31.1.2025 kvg/-

Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench