Smt. Rashmi Singh v. Navneet Singh Gaur

Allahabad HC17 Jan 2025TACL/275/2024

Case brief

AI extract

What is this about?

Section 24 CPC transfer of matrimonial suit; wife-applicant residing at Lucknow alleging hardship and intimidation at Hardoi; concealment of facts — housewife claim versus practising-lawyer registration certificate; transfer allowed despite misrepresentation; reliance on N.C.V. Aishwarya v. A.S. Saravana Karthik 2022 SCC Online SC 1199; direction for expeditious trial without adjournments; Allahabad High Court Lucknow Bench, Transfer Application (Civil) 275 of 2024, decided 31.1.2025 by Manish Mathur, J.

What did the court decide?

Transfer of Suit No.1307 of 2023 (Navneet Singh Gaur v. Rashmi Singh) from the Family Court, Hardoi to a Court of competent jurisdiction at Lucknow, with a direction to the Family Court to decide the proceedings expeditiously without granting undue adjournments. ¶¶15

Smt. Rashmi Singh vs Navneet Singh Gaur — Matrimonial and Divorce | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceedings of Suit No.1307 of 2023 instituted by the opposite party under Section 13 of the Hindu Marriage Act should be transferred from Family Court, Hardoi to District Lucknow on the applicant's plea of residence at Lucknow, lack of independent income, and intimidation faced at Hardoi. +1 more

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Court's answer

Relying on N.C.V. Aishwarya v. A.S. Saravana Karthik (2022 SCC Online SC 1199), the court ordered that the proceedings of Suit No.1307 of 2023 (Navneet Singh Gaur v. Rashmi Singh) pending in the Court of Principal Judge, Family Court, District Hardoi stand transferred to the Court of competent jurisdiction at Lucknow.

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Ratio / Principle

The aspect of misrepresentation is evident in the transfer application, as the applicant indicated she was a housewife while her registration certificate showed her to be a practising lawyer.

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Key takeaways

Despite both parties being lawyers (applicant practising at Lucknow, opposite party at Hardoi), mere registration as a lawyer does not permit the assumption that the applicant earns enough to cover expenses of attending the case filed against her at Hardoi; hence the misrepresentation did not defeat the transfer.ratio¶¶13
The Family Court is directed to decide the transferred proceedings expeditiously without granting undue adjournments to either party.ratio¶¶16

Detailed headnote1 paragraphs

Transfer Application (Civil) No. 275 of 2024 (Allahabad High Court, Lucknow Bench; Manish Mathur, J.; order dated 31.1.2025): Wife's application under Section 24 CPC seeking transfer of husband's matrimonial Suit No.1307 of 2023 (under Section 13 Hindu Marriage Act) from Family Court, Hardoi to Lucknow allowed. Court found misrepresentation in the application — applicant had described herself as a housewife though a registration certificate showed her to be a practising lawyer — but held that mere registration as a lawyer does not establish she earns enough to bear the expense of contesting the suit at Hardoi. Relying on N.C.V. Aishwarya v. A.S. Saravana Karthik, 2022 SCC Online SC 1199 (Supreme Court), the suit was transferred to Lucknow, and the Family Court was directed to dispose of it expeditiously without undue adjournments.

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Neutral Citation No. - 2025:AHC-LKO:6680

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Court No. - 19

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Case :- TRANSFER APPLICATION (CIVIL) No. - 275 of 2024

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Applicant :- Smt. Rashmi Singh Opposite Party :- Navneet Singh Gaur Counsel for Applicant :- Rajendra Prasad Yadav Counsel for Opposite Party :- Aishwarya Pratap Singh,Manish Kumar Yadav,Vivek Kumar Divedi

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Hon'ble Manish Mathur,J.

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Heard Mr. Rajendra Prasad Yadav, learned counsel for applicant and Mr. Aishwarya Pratap Singh, learned counsel for opposite party.

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Application under Section 24 of the Code of Civil Procedure, 1908 has been filed seeking transfer of Suit No.1307 of 2023 instituted by opposite party under Section 13 of Hindu Marriage Act from Family Court, Hardoi to District Lucknow.

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It is submitted that the applicant is residing at Lucknow without any independent source of income and is finding it difficult to attend the case at Hardoi in view of fact that applicant as well as opposite party are lawyers and the applicant is facing intimidation in attending to case at Hardoi.

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Learned counsel for opposite party has refuted the submissions advanced by learned counsel for applicant with the submission that the application has been filed with concealment of facts inasmuch as that applicant is not a house wife but is self-employed as a Lawyer and therefore has not come with clean hands.

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Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is evident that applicant has indicated in memorandum of application that she is a house wife. However, opposite party has brought on record her registration certificate indicating her

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to be a practising lawyer.

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In the considered opinion of this court, the aspect of misrepresentation is evident in the application.

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However, it is also admitted between the parties that both the applicant as well as opposite party are Lawyers with the applicant practising at Lucknow and opposite party practicing at Hardoi. Merely by means of registration as a lawyer, it cannot be assumed that the applicant is earning enough to cover expenses for attending to case filed against her at Hardoi.

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In view of judgment rendered by Hon'ble the Supreme Court in N.C.V. Aishwarya v. A.S. Saravana Karthik reported in 2022 SCC Online SC 1199, the proceedings of Suit No.1307 of 2023(Navneet Singh Gaur v. Rashmi Singh) pending in the Court of Principal Judge, Family Court, District Hardoi stands transferred to Court of competent jurisdiction at Lucknow.

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The Application therefore stands allowed .

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The Family Court is directed to decide the aforesaid proceedings expeditiously without granting undue adjournments to either party.

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Order Date :- 31.1.2025 kvg/-

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

Smt. Rashmi Singh v. Navneet Singh Gaur

Case brief

What is this about?

What did the court decide?

Smt. Rashmi Singh v. Navneet Singh Gaur

Case brief

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What did the court decide?

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What the court decided

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