Gladys Basil Sharma Vs Ravi Basil Sharma — Maintenance and Alimony | Allahabad HC (2025)

Gladys Basil Sharma Vs Ravi Basil Sharma — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application allowed; matrimonial Case no.906 of 2023 transferred from Family Court, Bahraich to the Principal Judge/Family Court, Agra, to be connected there with Case no.1672 of 2023 under Section 125 Cr.P.C and decided preferably within ten months; costs made easy.

Issue for consideration

Whether matrimonial Case no.906 of 2023 (Ravi Basil Sharma vs Gladys Basil Sharma) under the Indian Christian Marriage Act, 1872 pending before Family Court, Bahraich should be transferred to the Principal Judge/Family Court, Agra, given that the applicant resides at Agra and attending Bahraich (more than 350 kms) is not feasible.

Ratio / Principle

Considering the facts and circumstances of the case, and there being none to oppose, this Court is of the opinion that the ends of justice can be met by directing transfer of matrimonial Case no.906 of 2023 from the Principal Judge/Family Court, Bahraich to the Principal Judge/Family Court, Agra.

Key takeaways

Upon receipt of the record from Family Court, Bahraich, the transferred case shall be connected with Case no.1672 of 2023 (Gladys Basil Sharma vs Ravi Basil Sharma) under Section 125 Cr.P.C at Agra.ratio¶13
The court concerned shall endeavour to decide the connected matters after affording full opportunity of hearing to the parties, without granting any unnecessary adjournments, preferably from ten months from the date a copy of this order is placed along with the record.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 8 - Jaspreet Singh, J. - Transfer Application (Civil) No. 260 of 2024 (Neutral Citation 2025:AHC-LKO:21363), decided 16.4.2025. The respondent, Ravi Basil Sharma, had instituted a divorce proceeding under the Indian Christian Marriage Act, 1872 (matrimonial Case no.906 of 2023) before Family Court, Bahraich. The applicant, Gladys Basil Sharma, resides at Agra where her Section 125 Cr.P.C maintenance case (Case no.1672 of 2023) is pending, and counsel urged it infeasible for her to attend Bahraich, being more than 350 kms away. Notice on the respondent was held sufficient (office report dated 13.1.2025; coordinate-Bench order dated 27.02.2025); he neither appeared nor objected. Holding the ends of justice would thereby be met, the Court allowed the application and ordered transfer of Case no.906 of 2023 to the Principal Judge/Family Court, Agra, to be connected with the Section 125 case and decided with full opportunity of hearing, without unnecessary adjournments, preferably within ten months; costs made easy.

Neutral Citation No. - 2025:AHC-LKO:21363

Court No. - 8

Case :- TRANSFER APPLICATION (CIVIL) No. - 260 of 2024 Applicant :- Gladys Basil Sharma Opposite Party :- Ravi Basil Sharma Counsel for Applicant :- Aditya Mishra,Rohit Kumar Singh

Hon'ble Jaspreet Singh,J.

Heard learned counsel for the applicant. None appears for the respondent.

The record indicates that as per the office report dated 13.1.2025 notice on the respondent was sufficient.

A coordinate Bench of this Court by means of the order dated 27.02.2025 had noticed that the service on the respondent is sufficient and in case if he does not appear or file his objection the matter shall be heard in his absence.

Despite the same neither objection has been filed nor the respondent had put in appearance, accordingly, the Court has proceeded to hear the learned counsel for the applicant.

Submission is that on account of matrimonial fall out the respondent has initiated proceedings seeking divorce which is engaging the attention of Family Court Bahraich registered as matrimonial Case no.906 of 2023 (Ravi Basil Sharma vs Gladys Basil Sharma) of the Indian Christian Marriage Act, 1872.

It is urged that the petitioner is residing at Agra and she has initiated proceedings under Section 125 Cr.P.C before the Principal Judge/Family Court at Agra wherein it is alleged by the applicant that a sum of Rs.10,000/- has been awarded however, there is nothing on record to substantiate the aforesaid statement, and it is further stated that it is not feasible for the petitioner to attend the proceedings at Bahraich which is more than 350 kms.

Considering the facts and circumstances of the case and also there is none to oppose the same this Court is of the opinion that the ends of justice can be met by directing the transfer of Case no.906 of 2023 pending before the Principal Judge/ Family Court, Bahraich to the Principal Judge/ Family Court, Agra.

Upon receipt of record from the said Family Court, Bahraich,

the same shall be connected with the matter along with Case no.1672 of 2023 (Gladys Basil Sharma vs Ravi Basil Sharma) under Section 125 Cr.P.C and the court concerned shall endeavour to decide the same after affording full opportunity of hearing to the parties but without granting any unnecessary adjournment to any of the parties preferably from ten months from the date a copy of this order is placed along with record.

With the aforesaid, the application is allowed . Costs are made easy.

Order Date :- 16.4.2025/Harshita

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