Priyanka Gupta v. Krishna Shah
Case brief
What is this about?
Allahabad High Court, Transfer Application (Civil) No. 337 of 2025, order dated 12.5.2025 by Neeraj Tiwari, J. Transfer of Section 9 Hindu Marriage Act case (Case No. 64 of 2025, Krishna Shah vs. Priyanka) from Principal Judge, Family Court, Mugal Sarai to Judgeship of Chandauli on the ground of applicant's inconvenience. Reliance on Supreme Court precedents: Rajni Kumari (2011) 11 SCC 176; Anjali Ashok Sadhwani AIR 2009 SC 1374; Fatema AIR 2009 SC 1773; Mona Aresh Goel (2000) 9 SCC 255; Sumita Singh (2001) 10 SCC 41; Vaishali Shridhar Jagtap (2016) 14 SCC 356. Prima facie case found; final transfer decision deferred after hearing opposite party; notice issued; counter affidavit in four weeks; rejoinder in two weeks; further proceedings stayed; listed on 21.07.2025.
What did the court decide?
Interim directions only: notice to be issued to the opposite party with steps by ordinary post and registered speed post within ten days (failing which listing under Chapter XII Rule 4 of the High Court Rules); four weeks granted to the opposite party for counter affidavit; two weeks thereafter to the applicant for rejoinder affidavit; further proceedings of Case No. 64 of 2025 stayed till the next date of listing; case listed on 21.07.2025. Final decision on transfer deferred until the opposite side is heard.