Sweta Nishad vs Anil Kumar Kashyap

The present application under Section 24 of C.P.C. has been preferred by the applicant for transfer of Case No.1221 of 2024 (Anil Kumar Kashyap Vs. Smt. Sweta Nishad), filed by the opposite party under Section 9 of Hindu Marriage Act, from the Court of learned Principal Judge, Family Court Gonda, to any Court of equivalent jurisdiction at District Lucknow.

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The submission of the learned counsel for the applicant is that as per the Hindu rites and rituals, the marriage of the applicant with the opposite party was solemnized on 10/06/2022 at Lucknow. Unfortunately, after a short span of time, the matrimonial relationship between the parties got strained and the opposite party started threatening the applicant that he intends to marry with another girl as he has relations with several rich and well to do families where he would get a handsome dowry. It is alleged by the applicant that the family members of the opposite party started demanding dowry. As the illegal demand of the family members of the opposite party could not be fulfilled by the mother of the applicant, she was subjected to harassment and ill-treatment. Having no other option but to leave the matrimonial house, the applicant took shelter with her mother at Lucknow. It is stated on behalf of the applicant that on being denied to live with the applicant, she filed a case under Section 144 BNS before the Court of learned Principal Judge, Family Court, Lucknow on 25/10/2024. The said case has been registered as Misc. Case No. 2586 of 2024. The applicant also filed a case under Section 12 of the Hindu Marriage Act in the Court of learned Additional Chief Judicial Magistrate, Lucknow on 19/11/2024. The said case has been registered as Case No. 6843 of 2024. The learned counsel for the applicant has categorically submitted that being aggrieved by the illegal demand of dowry and the illegal acts of the opposite party and his family members, the applicant lodged a First

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TACL No. 317 of 2025

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2

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Information Report which was registered as FIR No. 77 of 2025 under section 85, 115 (2), 74, 352 of BNS and Section 3/4 of D.P. Act at the Police Station- Sarojini Nagar, Lucknow, wherein charge sheet has been filed and the summons have been issued.

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The contention of the learned counsel for the applicant is that the applicant is regularly attending the proceedings of the aforesaid case at Lucknow but the opposite party is not co-operating in the disposal of the aforesaid case. It is argued on behalf of the applicant that the opposite party has filed a case under Section 9 of the Hindu Marriage Act, before the Family Court at Gonda, just to harass the applicant and to counter the cases filed by the applicant against the opposite party at Lucknow. It is stated on behalf of the applicant that, firstly, the applicant being a poor lady, residing at Lucknow with her mother, having limited source of livelihood, shall be put to undue hardship in regularly attending the Court proceedings to pursue the case filed by the opposite party under Section 9 of the Hindu Marriage Act before the learned Family Court at Gonda and secondly the applicant has threat perception to her life if she goes to Gonda to attend the proceedings of the said case.

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

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

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In case the steps for service of notice are taken within the aforesaid period, Office shall provide dasti notice to the learned counsel for the applicant for serving the same upon the opposite party outside the Court.

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List on 13th January, 2026 as fresh.

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On the next date, affidavit of service of notice shall be filed by the applicant.

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(Syed Qamar Hasan Rizvi,J.)

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December 9, 2025 (Manoj K.)

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

Sweta Nishad v. Anil Kumar Kashyap

Case brief

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Sweta Nishad v. Anil Kumar Kashyap

Case brief

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