Srishti vs Principal Judge, Family Court District Sultanpur and another

Heard Ms. Shobha Rajpoot, learned counsel for the applicant and Sri Prashant Kumar Singh, Advocate, who put in appearance on behalf of the opposite party no. 2.

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This Court had passed the order dated 03.11.2025, which reads as under:-

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"1. Heard Ms. Shobha Rajpoot, learned Counsel for the applicant.

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2. The present application under Section 24 of C.P.C. has been preferred by the applicant for transfer of Matrimonial Case No. 728 of 2025 (Indresh Vikram Versus Srishti) under Section 9 of Hindu Marriage Act, 1955 from the Court of Principal Judge, Family Court, Sultanpur to the equivalent court at District Jaunpur.

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3. Submission of the learned counsel appearing on behalf of the applicant is that the husband of the applicant i.e. respondent no. 2 filed a case under Section 9 of the Hindu Marriage Act, 1955 before the Court of Principal Judge, Family Court, Sultanpur in the month of July, 2025. The applicant is residing at Jaunpur with her parents. It is brought to the notice of the Court that the applicant has

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also filed a case under Section 144 BNSS against the respondent no. 2 in the Court of Principal Judge, Family Court, Jaunpur and a proceeding under Section 12 of the Domestic Violence Act is pending in the Court of Additional Civil Judge (Junior Division) New Court No. 11, Jaunpur against the respondent no. 2 and his family members. Further, a criminal case having Criminal Case No. 3099 of 2025 (State Versus Indresh and others) under Sections 85, 115(2) 351(3) of BNS and Section 3/4 of Dowry Prohibition Act is also pending before the Criminal Court at Jaunpur, wherein charge-sheet has been filed.

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4. Learned counsel appearing on behalf of the applicant further submits that the applicant being a lady having limited source of livelihood is not in a position to pursue the case at Sultanpur and as such, it would be proper in the interest of justice that the case filed by the applicant's husband i.e. respondent no. 2 under Section 9 of the Hindu Marriage Act, 1955, be transferred to the Court of equivalent jurisdiction at District Jaunpur.

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5. On being asked that whether there is any possibility of amicable settlement in between the parties, learned counsel appearing on behalf of the applicant has stated that her client is willing to settle the matrimonial disputes on the reasonable terms and conditions.

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6. Taking into consideration the willingness of the applicant to amicably settle the dispute, this Court is of the view that notice be issued to the respondent no. 2 for the purposes of determining his willingness to refer the matter to the Mediation and Conciliation Centre of the High Court.

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7. Steps of service of notice be taken within seven working days.

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8. In addition to the above, the Chief Judicial Magistrate, Sultanpur is directed to ensure the service of notice upon the respondent no. 2 and to ensure his presence before this Court on the next date, i.e. 02.12.2025 at 10.15 A.M.

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9. Put up this matter as fresh on 02.12.2025.

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10. On the said date, both the parties i.e. the applicant as well as respondent no. 2 shall remain present before this Court.

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11. In case, if the parties give their consent for amicable settlement, the matter may be referred to the Mediation and Conciliation Centre of this Court on the next date. "

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Pursuant to the aforesaid order, the applicant-Srishti and the opposite party no. 2- Indresh Vikram are present in person before this Court.

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On being asked, the parties present in the Court have stated that they are willing to settle their dispute amicably through mediation and conciliation center of this court.

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Since, the parties are willing to settle their dispute amicably through mediation and conciliation center of this Court, therefore, the matter is referred to the mediation and conciliation center of this Court.

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The first date of mediation/first session would be 12.12.2025.

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The parties shall remain present in the mediation center on 12.12.2025 to participate in the mediation proceeding.

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The mediation proceeding may be conducted and concluded with expedition subject to proper cooperation of the parties.

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The mediation report shall be submitted before this Court by the next date of listing.

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List this case on 16^th January, 2026, as fresh.

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On that date, the parties who are present in person need not appear again, however, either the mediation report shall be filed by the Mediation and Conciliation Centre or the status of the mediation proceedings shall be placed before this Court on the next date if the mediation proceedings could not be concluded.

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Till the next date of listing, proceedings of the Matrimonial Case No. 728 of 2025 (Indresh Vikram Versus Srishti) under Section 9 of Hindu Marriage Act, 1955 from the Court of Principal Judge, Family Court, Sultanpur, shall remain stayed.

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When the case is next listed, the name of Sri Prashant Kumar Singh, Advocate shall be printed in the cause list as counsel for the opposite party no. 2.

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December 2, 2025 Arun

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(Syed Qamar Hasan Rizvi,J.)

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

Srishti v. Principal Judge, Family Court District Sultanpur and another

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Srishti v. Principal Judge, Family Court District Sultanpur and another

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