Smt. Anjali Singh vs Shailesh Singh — Allahabad HC (2025) — LawSathi Research

Smt. Anjali Singh vs Shailesh Singh — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only: notice to opposite party ordered by both regular mode and dasti (steps for service within seven working days; dasti notice through applicant's counsel once steps taken); case listed fresh for 09.12.2025 with affidavit of service due from applicant. The transfer prayer itself was neither allowed nor dismissed at this stage.

Issue for consideration

Whether the proceedings of Case No. 49 of 2025 (Shailesh Singh Vs. Smt. Anjali Singh), instituted by the opposite party under Section 25 of the Guardians & Wards Act, should be transferred from the Principal Judge, Family Court, Pratapgarh to the Principal Judge, Family Court, Kanpur on the applicant's plea of hardship (aged parents, no income, no male member at maternal home). Issue raised but not yet decided; matter listed fresh.

Court's answer

Operative interlocutory direction of this order: notice to be issued to the opposite party both ways, i.e., by regular mode as well as dasti.

Ratio / Principle

Direction: steps for service of notice to be taken within seven working days.

Key takeaways

Direction: in case steps are taken, the office shall provide dasti notice to learned counsel for applicant for serving the same on opposite party outside the Court.ratio¶14
Case to be put up fresh on 09.12.2025; on the next date the applicant shall file affidavit of service. Substantive question of transfer left undecided at this stage.ratio¶18

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Court No. 20 (Syed Qamar Hasan Rizvi, J.), Transfer Application (Civil) No. 287 of 2025, decided November 6, 2025 — INTERIM ORDER AT NOTICE STAGE. Smt. Anjali Singh's application under Section 24 of C.P.C. seeks transfer of Case No. 49 of 2025 (Shailesh Singh Vs. Smt. Anjali Singh), filed by the opposite party under Section 25 of the Guardians & Wards Act, from the Principal Judge, Family Court, Pratapgarh to the Principal Judge, Family Court, Kanpur, on the ground that the applicant lives with her aged parents, has no source of income and no male member at her maternal home, and cannot pursue the case at Pratapgarh. Hearing counsel for the applicant only, the Court directed: (i) notice to the opposite party both by regular mode and dasti; (ii) steps for service within seven working days; (iii) dasti service through the applicant's counsel once steps are taken; and (iv) filing of affidavit of service, the case being listed fresh for 09.12.2025. No precedent cited; no merits finding; the question of transfer remains open.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

TRANSFER APPLICATION (CIVIL) No. - 287 of 2025

Smt. Anjali Singh

.....Applicant(s)

Versus

Shailesh Singh	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Salik Ram Tiwari, Arti Yadav :

Court No. - 20

HON'BLE SYED QAMAR HASAN RIZVI, J.

Heard Shri Salik Ram Tiwari, learned counsel for applicant and perused the material available on record.

The present application under Section 24 of C.P.C. has been preferred by the applicant seeking transfer of proceedings of Case No. 49 of 2025 (Shailesh Singh Vs. Smt. Anjali Singh) filed by opposite party no. 1 under Section 25 of the Guardians & Wards Act, from the court of learned Principal Judge, Family Court, Pratapgarh to the court of learned Principal Judge, Family Court, Kanpur.

The contention of learned counsel appearing for applicant is that the applicant is living with her old parents and she has no source of income and there is no male member in her maternal home, therefore she is unable to pursue the said case before the court of learned Principal Judge, Family Court, Pratapgarh.

Issue notice to opposite party, both ways i.e., by regular mode as well as dasti.

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

In case steps are taken, office shall provide dasti notice to learned counsel for applicant for serving the same on opposite party outside the Court.

TACL No. 287 of 2025

2

(Syed Qamar Hasan Rizvi,J.)

Put up this case on 09.12.2025 as fresh. On the next date, affidavit of service shall be filed by the applicant.

November 6, 2025

Virendra

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