Shaniya Siddiqui v. Mohd. Shadab Sheikh

Allahabad HC27 Feb 2025TACL/195/2024

Case brief

AI extract

What is this about?

Section 24 CPC transfer of matrimonial suit; rukhsati / restitution of conjugal rights; wife-applicant Shaniya/Saniya Siddiqui residing at Lucknow with aged parents and minor son; two other cases between parties pending at Lucknow; ex parte orders issued at Barabanki; suit No. 1088 of 2023 transferred to Family Court Lucknow; applicants Mohd Fahim and Ashhad Ali; opposite party counsel Rama Kant Giri; neutral citation 2025:AHC-LKO:11984.

What did the court decide?

Transfer of regular suit No. 1088 of 2023 (Mohd. Shadab Sheikh versus Saniya Siddiqui) from district Barabanki to the Family Court at Lucknow. ¶¶13

Shaniya Siddiqui Vs Mohd. Shadab Sheikh — Allahabad HC (2025) — LawSathi Research

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Neutral Citation No. - 2025:AHC-LKO:11984

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Court No. - 19

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Case :- TRANSFER APPLICATION (CIVIL) No. - 195 of 2024

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Applicant :- Shaniya Siddiqui Opposite Party :- Mohd. Shadab Sheikh Counsel for Applicant :- Mohd Fahim,Ashhad Ali Counsel for Opposite Party :- Rama Kant Giri

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Hon'ble Manish Mathur,J.

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Heard learned counsel for applicant and learned counsel for opposite party.

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Transfer application under Section 24 CPC has been filed seeking transfer of regular suit No. 1088 of 2023 instituted by opposite party for rukhsati/restitution of conjugal rights from district Barabanki to Lucknow.

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It has been submitted that after being estranged from her husband, the applicant is residing currently at Lucknow with her aged parents and minor son and is finding it difficult to attend to the proceedings at Barabanki.

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It is submitted that apart from the present case, there are two other cases pending between the parties at Lucknow.

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It is also submitted that due to incapacity of applicant in attending to the proceedings at Barabanki, orders for ex parte proceedings have already been issued.

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Learned counsel for opposite party has refuted submissions advanced by learned counsel for petitioner with submission that since maintenance has already been paid to the applicant, she can very well appear in proceedings at Barabanki. It is however not denied that the applicant has a minor son and two other cases between the parties are already pending at Lucknow.

¶12

In view of submissions advanced by learned counsel for parties, it being evident that the applicant is residing at Lucknow with her parents and minor son and is finding it difficult to attend to the proceedings at Lucknow, the regular suit No. 1088 of 2023 (Mohd. Shadab Sheikh versus Saniya Siddiqui) shall stand transferred before the Family Court at Lucknow.

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The application stands accordingly allowed.

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Order Date :- 27.2.2025 prabhat

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

Shaniya Siddiqui v. Mohd. Shadab Sheikh

Case brief

What is this about?

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Shaniya Siddiqui v. Mohd. Shadab Sheikh

Case brief

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