Aasma Bano Vs Nazeer Ali

Neutral Citation No. - 2025:AHC-LKO:21453

Court No. - 8

Case :- TRANSFER APPLICATION (CIVIL) No. - 263 of 2024

Applicant :- Aasma Bano Opposite Party :- Nazeer Ali Counsel for Applicant :- Surya Prakash Counsel for Opposite Party :- Nripendra Mishra

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioner and Shri Nirpendra Mishra, learned counsel appearing for the respondent.

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The instant petition has been preferred under Section 24 CPC seeking transfer of Regular Suit No.1049 of 2024 (Nazeer Ali Vs. Aasma Bano) pending before the Principal Judge, Family Court at Bahraich to the appropriate Court in District Lakhimpur Kheri.

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Submission of the learned counsel for the petitioner is that the petitioner was married to the respondent on 14.03.2022. However, on account of matrimonial discord the petitioner was turned out from her matrimonial home and she is residing with her parents in District Lakhimpur Kheri. The petitioner has initiated proceedings under Section 12 of the Protection of Women from the Domestic Violence Act 2005. which is pending before the Additional Judicial Magistrate, Sadar, Lakhimpur Kheri. The petitioner has also initiated proceedings under Section 125 Cr.P.C. bearing No.1010 of 2024 which is engaging the attention of the Principal Judge, Family Court, Lakhimpur Kheri.

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It is urged that in both the proceedings the respondent has not put in appearance nor any order regarding any interim maintenance has been passed in favour of the petitioner. The petitioner had also filed an FIR at Police Station Murtiha, District Bahraich. The respondent in order to harass the petitioner has initiated proceedings seeking the petition for restitution of conjugal

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rights under the personal law which is pending before the Principal Judge, Family Court at Bahraich bearing Regular Suit No.1049 of 2024. It is urged that the petitioner does not have the means to contest the proceedings. For the aforesaid reason, it is urged that the proceedings pending before the court at Bahraich be transferred to the appropriate court in District Lakhimpur Kheri.

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Learned counsel for the respondent while contesting the aforesaid submissions has stated that both the petitioner and the respondent, they belong to labour class. The proceedings have been initiated only to harass the respondent and it has always been the intend of the respondent that the petitioner must come in and stay with the respondent in the matrimonial house. The allegations levelled against the respondent are purely self serving and in the aforesaid circumstances, the transfer petition be dismissed.

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The Court has considered the rival submissions and also perused the material on record.

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It is not disputed that the distance between Bahraich and Lakhimpur Kheri is about 200 kilometers. It is also not disputed by the respondent that no maintenance has been paid to the petitioner either in proceedings under Section 125 Cr.P.C. or under Section 12 of the Protection of Women from the Domestic Violence Act 2005. In this regard, it will also be relevant to notice the observations made by the Apex Court in the case of Leena Mukherjee Vs. Rabi Shankar Mukherjee reported in 2002 (10) SCC 480 , in the case of Pratibha Khemka Vs. Sanjay Kumar Khemka reported in 2004 (13) SCC 686 , in the case of Neelm Kanwar Vs. Devinder Singh Kanwar reported in 2000 (1) SCC 589 and in the case of N.C.V. Aishwarya Vs. A.S. Saravana Karthik reported in 2022 SCC OnLine SC 1199 wherein it has been held that in matrimonial litigation, a transfer petition at the behest of the wife must be considered liberally and her preference be given precedence.

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Taking note of the aforesaid facts and

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circumstances, this Court is of the opinion that ends of justice can be met by directing that Regular Suit No.1049 of 2024 pending before the Principal Judge, Family Court, Bahraich be transferred to the Principal Judge, Family Court at Lakhimpur Kheri. The Principal Judge, Family Court at Lakhimpur Kheri upon receiving the record from the Court at Bahraich shall consider and decide the same alongwith the petition filed by the petitioner under Section 125 Cr.P.C. as expeditiously as possible after affording full opportunity of hearing to the parties but without granting any unnecessary adjournment preferably within a period of ten months from the date the copy of the order alongwith the record is placed before the court at Lakhimpur Kheri.

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

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Order Date :- 16.4.2025 ank

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Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench

Aasma Bano v. Nazeer Ali

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Aasma Bano v. Nazeer Ali

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