Smt. Priyanka Singh Vs Manvendra Pratap Singh — Domestic Violence | Allahabad HC (2025)

Smt. Priyanka Singh Vs Manvendra Pratap Singh — Domestic Violence | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interlocutory directions only: respondents to file objections within two weeks (advance copy to petitioner's counsel), petitioner may respond within ten days thereafter; matter listed fresh on 07.07.2025 when the interim relief application shall be considered. The transfer question itself remains undecided.

Issue for consideration

Whether Regular Suit No. 1033 of 2022 pending before the Additional Principal Judge, Family Court, Faizabad should be transferred to the appropriate Court in District Gorakhpur. +1 more

Ratio / Principle

Respondents directed to file objections within two weeks with an advance copy to the learned counsel for the petitioner; the petitioner may file his response within a period of ten days thereafter.

Key takeaways

Matter to be listed on 07th July, 2025 as fresh, on which date the application for interim relief shall be considered.ratio¶12

Detailed headnote1 paragraphs

Transfer Application (Civil) No. 123 of 2025 (High Court of Judicature at Allahabad, Lucknow Bench, Court No. 8; Hon'ble Jaspreet Singh, J.; order dated 26.5.2025). Smt. Priyanka Singh seeks transfer of her husband Manvendra Pratap Singh's Regular Suit No. 1033 of 2022 (proceedings under Section 13, Hindu Marriage Act) from the Additional Principal Judge, Family Court, Faizabad to the appropriate Court in District Gorakhpur, where she resides with her parents and her 3-year-old child. She already maintains Section 125 Cr.P.C. and Section 12, Domestic Violence Act, 2005 proceedings at Gorakhpur, in which the respondent has appeared but no maintenance has been awarded; interim maintenance of Rs. 2,500 granted on her Section 24 HMA application in the Faizabad suit is under appeal before this Court. The Court directed the respondents to file objections within two weeks (petitioner's response within ten days thereafter) and listed the matter fresh on 07.07.2025 for consideration of the interim relief application. Interlocutory order; no merits decision on the transfer.

Court No. - 8

Case :- TRANSFER APPLICATION (CIVIL) No. - 123 of 2025

Applicant :- Smt. Priyanka Singh Opposite Party :- Manvendra Pratap Singh Counsel for Applicant :- Pravin Kumar Singh,Anupama Bhadauria Counsel for Opposite Party :- Rahul Mishra

Hon'ble Jaspreet Singh,J .

Heard learned counsel for the applicant and Sri Rahul Mishra, learned counsel for the respondent.

The instant petition has been preferred seeking transfer of Regular Suit No. 1033 of 2022 pending before the Additional Principal Judge, Family Court, Faizabad to the appropriate Court in District Gorakhpur.

The submission is that petitioner and the respondent were married on 09.12.2020. A child was born from the said marriage, however, on account of matrimonial fall out, the petitioner is residing with her parents in Gorakhpur.

The respondent has instituted proceedings under Section 13 of the Hindu Marriage Act at Faizabad whereas the petitioner has to appear on each date along with her 3 year old child to contest the proceedings.

It is urged that the petitioner has already initiated proceedings under Section 125 Cr.P.C. before the appropriate Court in Gorakhpur so also a petition under Section 12 of the Domestic Violence Act, 2005. In both the cases, the respondent has appeared in District Gorakhpur, however, no maintenance has been awarded.

It is in the suit preferred by the respondent that the petitioner moved an application under Section 24 of the Hindu Marriage Act wherein an order of interim maintenance of Rs. 2,500 has been passed which too has been assailed by the respondents by filing an appeal before this Court.

Let the objections be filed by the respondents within a period of two weeks with an advance copy to the learned counsel for the petitioner, who if may so chose, may file his response within a period of ten days thereafter.

List this matter on 07th July, 2025, as fresh on which date the application for interim relief shall be considered.

O rder Date :- 26.5.2025 Asheesh/-

Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench