Smt. Anshika Khare @ Anshika Pradeep Khare vs Pranav Srivastava

Neutral Citation No. - 2025:AHC-LKO:22706

Court No. - 8

Case :- TRANSFER APPLICATION (CIVIL) No. - 282 of 2024

Applicant :- Smt. Anshika Khare @ Anshika Pradeep Khare Opposite Party :- Pranav Srivastava Counsel for Applicant :- Dharmendra Kumar,Surya Deo Sharma Counsel for Opposite Party :- Sarvesh Kumar Saxena,Mridula Saxena

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Hon'ble Jaspreet Singh,J.

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Heard learned counsel for the petitioner and Shri Sarvesh Kumar Saxena, learned counsel for the respondent.

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The present petition has been preferred under Section 24 CPC seeking transfer of Original Suit No. 1025 of 2023 (Pranav Srivastava vs. Smt. Anshika Khare) under Section 13 of the Hindu Marriage Act pending before the Principal Judge, Family Court at Bahraich to the appropriate court in District Ayodhya/Faizabad.

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Submission of the learned counsel for the petitioner is that the petitioner and the respondent were married on 28.11.2019. However, on account of the matrimonial dispute, the petitioner was compelled to move out of her matrimonial home and now, she is residing in District Ayodhya.

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It is further stated that the petitioner has instituted proceedings under Section 125 of the Cr.P.C. bearing Case No. 5822 of 2022 before the Additional Family Judge, Family Court, Ayodhya wherein the court has awarded a sum of Rs. 5,000/- per month as interim maintenance in favour of the petitioner. The petitioner has also instituted proceedings under Section 12 of the Domestic Violence Act as well as a complaint under the appropriate Sections of the I.P.C. read with Dowry Prohibition Act which is also engaging the attention of the court in Ayodhya.

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It is further urged that in order to harass the petitioner, the respondent has instituted the suit bearing O.S. No. 1025 of 2023 seeking divorce at Bahraich. Since the petitioner is having difficulty to contest the proceedings at Bahraich, hence, it is urged that the said suit bearing O.S. No. 1025 of 2023 may be transferred to the appropriate court in District Ayodhya.

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Learned counsel for the respondent has fairly submitted that the respondent has already paid a sum of Rs. 5,000/- per month as interim maintenance as awarded under Section 125 CrPC. Apart from this fact, another sum of Rs. 5,000/- is being paid to

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the petitioner in the regular suit initiated by the respondent in District Bahraich in terms of an application moved by the petitioner under Section 24 of the Hindu Marriage Act. It is urged that since the respondent is working in a Bank and it is difficult for him to take leave to attend the court proceedings whether it be at Bahraich or at Ayodhya, hence it is urged by him that the proceedings may be clubbed together at one place. Moreover, an order of expedition could be passed so that the issue can be considered and decided effectively and in a timebound manner.

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Having considered the aforesaid submissions and from perusal of the material on record including the fact that the proceedings under Section 125 CrPC, Section 12 of the Domestic Violence Act as well as the criminal complaint is engaging the attention of the courts at Ayodhya. In such circumstances, this Court finds that it would be appropriate to transfer the suit bearing Original Suit No. 1025 of 2023 from the Principal Judge, Family Court in District Bahraich to the Principal Judge, Family Court in District Ayodhya.

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It is further directed that the court of Principal Judge, Family Court, Bahraich shall transmit the records of Original Suit No. 1025 of 2023 (Pranav Srivastava vs. Smt. Anshika Khare) to the Principal Judge, Family Court at Ayodhya who upon receiving the said records including a copy of the order passed by this Court shall either himself or before any Additional Principal Judge, Family Court shall connect all the matters together i.e., the proceedings under Section 125 CrPC as well as O.S. No. 1025 of 2023 and after affording full opportunity of hearing to the parties but without granting any unnecessary adjournments shall decide the same as expeditiously as possible preferably within a period of eight months from the date a copy of this order as well as the records are received by the transferree court at Ayodhya.

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

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Order Date :- 22.4.2025 Shravan

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

Smt. Anshika Khare @ Anshika Pradeep Khare v. Pranav Srivastava

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Smt. Anshika Khare @ Anshika Pradeep Khare v. Pranav Srivastava

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