Smt Savita Gupta @ Nikki v. Ankit Gupta
Case brief
What is this about?
Allahabad High Court interim order dated 23.4.2025 (Neeraj Tiwari, J.) in Transfer Application (Civil) No. 268 of 2025: wife's application to transfer husband's divorce suit under Section 13 Hindu Marriage Act (Case No. 3158 of 2021, Ankit Gupta Vs. Smt. Savita Gupta @ Nikki) from Additional Principal Judge, Family Court, Room No. 4, Kanpur Nagar to Judgeship of Hamirpur on ground of her inconvenience; prima facie case made out relying on Supreme Court precedents on transfer of matrimonial proceedings (Rajni Kumari (2011) 11 SCC 176; Anjali Ashok Sadhwani AIR 2009 SC 1374; Fatema AIR 2009 SC 1773; Mona Aresh Goel (2000) 9 SCC 255; Sumita Singh (2001) 10 SCC 41; Vaishali Shridhar Jagtap (2016) 14 SCC 356); notice issued, counter affidavit four weeks, rejoinder two weeks, matrimonial proceedings stayed till 02.07.2025; final transfer decision reserved.
What did the court decide?
Interim order: notice issued to the opposite party (steps by ordinary post and registered speed post within ten days, failing which listing under Chapter XII Rule 4 of the High Court Rules); four weeks granted for counter affidavit and two weeks thereafter for rejoinder affidavit; further proceedings of Case No. 3158 of 2021 stayed till the next date of listing; case listed on 02.07.2025.