Km Samridhi Jain and Another v. Sunil Kumar Jain and Another

Allahabad HC15 Jul 2025TACL/140/2025

Case brief

AI extract

What is this about?

Guardians and Wards Act Sections 7 and 10; transfer of pending guardianship proceedings (appointment of guardian) from Family Court Bahraich to Family Court Sitapur; two minor children residing with widowed mother at Sitapur after father's death; paternal grandparents sought guardianship and cited FDRs of Rs. 10 lakh each; transfer application (civil) allowed on convenience grounds; decided 15.7.2025 by Pankaj Bhatia, J.; Neutral Citation 2025:AHC-LKO:40435.

What did the court decide?

Proceedings of Case No. 21/70/2025 pending under Sections 7 and 10 of the Guardians and Wards Act (Kumari Samridhi Jain & another versus Suneel Kumar Jain) transferred from the Court of Principal Judge, Family Court, Bahraich to Family Court, Sitapur. ¶¶12

Km Samridhi Jain and Another Vs Sunil Kumar… — Child Custody and Guardianship | Allahabad HC (2025)

What the court decided

AI extract

Outcome

¶¶12

Issue for consideration

Whether the proceedings of Case No. 21/70/2025 under Sections 7 and 10 of the Guardians and Wards Act pending before the Principal Judge, Family Court, Bahraich should be transferred to an appropriate court at Sitapur, where the widowed mother and the two minor children reside.

¶¶8

Court's answer

The transfer application is allowed: the proceedings of Case No. 21/70/2025 (Kumari Samridhi Jain & another versus Suneel Kumar Jain) under Sections 7 and 10 of the Guardians and Wards Act are transferred from the Court of Principal Judge, Family Court, Bahraich to Family Court, Sitapur.

¶¶12

Ratio / Principle

A stated ground for allowing the transfer was that huge convenience would be caused to the two children and their widowed mother, who are staying at Sitapur.

¶¶11

Key takeaways

A further stated consideration in allowing the transfer was that the opposite parties are prosperous, as was evident from the statement made by their counsel; the inconvenience to the opposite parties (recorded as grandparents aged about 67 and 62 years, facing approximately 130 kilometres of travel) did not prevail.ratio¶¶11

Detailed headnote1 paragraphs

Transfer Application (Civil) No. 140 of 2025, High Court of Judicature at Allahabad, Lucknow Bench (Pankaj Bhatia, J.), order dated 15.7.2025 — ALLOWED. Proceedings of Case No. 21/70/2025 under Sections 7 and 10 of the Guardians and Wards Act (Kumari Samridhi Jain & another versus Suneel Kumar Jain), pending before the Principal Judge, Family Court, Bahraich, transferred to Family Court, Sitapur. Grounds: the widowed mother and the two minor children reside at Sitapur and huge convenience would be caused to them; the opposite parties (paternal grandparents, aged about 67 and 62, approximately 130 km away) were noted to be prosperous, and FDRs of Rs. 10,00,000/- each drawn by them in favour of the children evidenced good faith, but these did not prevent transfer. Neutral Citation: 2025:AHC-LKO:40435.

¶1

Neutral Citation No. - 2025:AHC-LKO:40435

¶2

Court No. - 7

¶3

Case :- TRANSFER APPLICATION (CIVIL) No. - 140 of 2025

¶4

Applicant : - Km Samridhi Jain And Another Opposite Party :- Sunil Kumar Jain And Another Counsel for Applicant :- Pramod Kumar Pandey

¶5

Hon'ble Pankaj Bhatia,J.

¶6

1.Objection filed by learned counsel for the opposite party is taken on record.

¶7

Heard learned counsel for the applicant and Sri Durgesh Kumar Pathak, who appears for the opposite parties.

¶8

It is prayed that the applicant who is the guardian of the two minors, for the applicants have filed the application seeking transfer of proceedings of Case No. 21/70/2025 pending under Section 7 and 10 of the Guardians and Wards Act, (Kumari Samridhi Jain & another versus Suneel Kumar Jain) from the Court of Principal Judge, Family Court, Bahraich to an appropriate court at Sitapur.

¶9

The contention of learned counsel for the applicant is that the two children are with the mother after the death of her husband (who is also the son of the opposite parties), however the opposite parties have filed proceedings under Section 7 and 10 of the Guardians and Wards Act at Bahraich, which are without jurisdiction according to the learned counsel for the applicants.Considering that the widow and the two children are staying at Sitapur, it is prayed that proceedings be transferred to the appropriate court at Sitapur.

¶10

Learned counsel for the opposite parties states that the opposite parties are grand parents and have filed the application for being appointed as guardian. It is stated that a FDR of Rs. 10,00,000/- each has been drawn by the opposite parties in favour of the children, which demonstrates good faith by the opposite parties. It is further argued that the opposite parties are aged about 67 and 62 years respectively and it would be highly inconvenient for them to go from Bahraich to Sitapur to attend the proceedings. The distance between the two places is approximately 130 Kilometers.

¶11

Considering the facts that the opposite parties are prosperous, as is evident from the statement of learned counsel for the opposite parties and huge convenience would be caused to the two children and the mother, who is a widow, the present

¶12

application is allowed. The proceedings of Case No. 21/70/2025 pending under Section 7 and 10 of the Guardians and Wards Act, (Kumari Samridhi Jain & another versus Suneel Kumar Jain) are transferred from the Court of Principal Judge, Family Court, Bahraich to Family Court, Sitapur.

¶13

Order Date :- 15.7.2025 Arvind

¶14

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

Km Samridhi Jain and Another v. Sunil Kumar Jain and Another

Case brief

What is this about?

What did the court decide?

Km Samridhi Jain and Another v. Sunil Kumar Jain and Another

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

Similar cases

Pragya Chaurasiya Vs Praveen Kumar

Ambika Prasad Vs District Judge,Balrampur and 3 Others

Neelam Rani Vs State of U.P. Thru. Addl. Chief Secy. Secondary Edu. Lko. and 3 Others

Ram Narayan Chodhary vs Sarju Prasad

Vinay Kumar vs State of U.P. Thru. Prin. Secy. Home Lko. and 3 Others

Ram Shabd Yadav and 5 Others vs Deputy Director of Consolidation, Sultanpur and Others