Allowed¶14

Akanksha Tripathi v. Siddharth Shukla

Allahabad HC22 Jan 2025TACL/36/2024

Case brief

AI extract

What is this about?

Allahabad High Court, Lucknow Bench (Court No. 19), Neutral Citation 2025:AHC-LKO:4291; T.A.(C) No. 36 of 2024, decided 22.1.2025 by Manish Mathur, J. Wife's transfer petition under Section 24 CPC allowed; husband's Section 13 Hindu Marriage Act case (No.4052 of 2023) transferred from Lucknow to Lakhimpur Kheri on grounds of wife's residence (Aadhar card), pendency of Section 125 Cr.P.C. proceedings and non-payment of maintenance; Supreme Court precedent N.C.V. Aishwarya v. A.S. Saravana Karthik (2022 SCC Online SC 1199) applied. Parties: Akanksha Tripathi (applicant) v. Siddharth Shukla (opposite party).

What did the court decide?

Transfer of Civil/Matrimonial Case No.4052 of 2023 (Siddharth Shukla v. Akanksha Tripathi) from Lucknow to Lakhimpur Kheri under Section 24 of the Code of Civil Procedure, 1908 ¶14

Akanksha Tripathi Vs Siddharth Shukla — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Transfer of Civil/Matrimonial Case No.4052 of 2023 (Siddharth Shukla v. Akanksha Tripathi) from Lucknow to Lakhimpur Kheri under Section 24 of the Code of Civil Procedure, 1908

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Issue for consideration

Whether Civil/Matrimonial Case No.4052 of 2023 instituted by the opposite party under Section 13 of the Hindu Marriage Act should be transferred from Lucknow to Lakhimpur Kheri under Section 24 of the Code of Civil Procedure, 1908, in view of the applicant's residence and the pendency of related proceedings at Lakhimpur Kheri.

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Court's answer

The application records the applicant as a resident of Lakhimpur Kheri, and her Aadhar card placed on record as identity proof indicates she is a resident of Lakhimpur Kheri.

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Ratio / Principle

The opposite party has not put in appearance in the proceedings under Section 125 Cr.P.C. pending at Lakhimpur Kheri, and no maintenance amount is being paid to the applicant by the opposite party.

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Key takeaways

Considering the applicability of the Supreme Court judgment in N.C.V. Aishwarya v. A.S. Saravana Karthik (2022 SCC Online SC 1199), the proceedings of Civil/Matrimonial Case No.4052 of 2023 (Siddharth Shukla v. Akanksha Tripathi) shall stand transferred from Lucknow to Lakhimpur Kheri.ratio¶13

Detailed headnote1 paragraphs

Transfer Application (Civil) No. 36 of 2024 under Section 24 of the Code of Civil Procedure, 1908 filed by the wife (applicant) seeking transfer of her husband's divorce petition under Section 13 of the Hindu Marriage Act (Civil/Matrimonial Case No.4052 of 2023, Siddharth Shukla v. Akanksha Tripathi) from Lucknow to Lakhimpur Kheri. Held: the applicant resides at Lakhimpur Kheri as borne out by her Aadhar card on record; a case under Section 125 Cr.P.C. is pending at Lakhimpur Kheri in which the opposite party has not appeared and no maintenance is being paid. Considering the applicability of N.C.V. Aishwarya v. A.S. Saravana Karthik, 2022 SCC Online SC 1199, the matrimonial case was ordered transferred from Lucknow to Lakhimpur Kheri and the application was allowed (Manish Mathur, J.; order dated 22.1.2025).

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Neutral Citation No. - 2025:AHC-LKO:4291

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Court No. - 19

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Case :- TRANSFER APPLICATION (CIVIL) No. - 36 of 2024

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Applicant :- Akanksha Tripathi Opposite Party :- Siddharth Shukla Counsel for Applicant :- Avnish Kumar Tiwari,Dr. Surendra Kumar Misra,Manoj Kumar Dwivedi,Rajeshwar Prasad,Shashank Agnihotri Counsel for Opposite Party :- Sajjad Husain,Ramesh Chandra Shukla,Sanjay Srivastava

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Hon'ble Manish Mathur,J.

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Heard learned counsel for applicant and learned counsel for opposite parties.

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Application has been filed under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of Civil/Matrimonial Case No.4052 of 2023 instituted by opposite party under Section 13 of Hindu Marriage Act from Lucknow to Lakhimpur Kheri.

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Learned counsel for applicant submits that after relations having become estranged between the couple, the Applicant is residing with her parents in Lakhimpur Kheri with another Case under Section 125 Cr.P.C. also pending in Lakhimpur Kheri along with a first information report which has also been registered there as detailed in the rejoinder affidavit. It has been averred in memorandum of Application that the applicant does not have any independent source of income nor is she being maintained by opposite party due to which she is facing considerable difficulty in attending to cases at Lucknow.

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Learned counsel for opposite party has refuted the submissions advanced by learned counsel for applicant with the submission that applicant in fact does not reside in Lakhimpur Kheri at all and is employed with WIPRO. It is submitted that the opposite party has not been able to appear in the proceedings under Section 125 Cr.P.C. since he has not yet

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received any notices with regard to same since apparently an incorrect address has been indicated in the memorandum of petition. He has also reiterated the aspect that the applicant is not residing in Lakhimpur Kheri and has drawn attention to Annexures filed along with counter affidavit dated 26.06.2024 and 30.11.2024 to submit that the aforesaid documents clearly indicate that letters sent to applicant at her address have been returned without being served. Learned counsel for opposite party has also submitted that in first information report filed against opposite party, a final report has also been submitted.

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Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is evident that Application has been filed indicating the applicant being a resident of Lakhimpur Kheri. A copy of her Aadhar card has also been brought on record as identity proof which indicates the applicant being a resident of Lakhimpur Kheri.

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The submission of learned counsel for parties also make it evident that as yet for whatever reasons, appearance has not been put in by opposite party in proceedings under Section 125 Cr.P.C., which is also pending at Lakhimpur Kheri and no maintenance amount is being paid to the applicant by opposite party.

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Considering applicability of judgment rendered by Hon'ble the Supreme Court in N.C.V. Aishwarya v. A.S. Saravana Karthik reported in 2022 SCC Online SC 1199, the proceedings of Civil/Matrimonial Case No.4052 of 2023 (Siddharth Shukla v. Akanksha Tripathi) shall stand transferred from Lucknow to Lakhimpur Kheri.

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The Application therefore stands allowed .

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Order Date :- 22.1.2025 kvg/-

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Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench

Akanksha Tripathi v. Siddharth Shukla

Case brief

What is this about?

What did the court decide?

Akanksha Tripathi v. Siddharth Shukla

Case brief

What is this about?

What did the court decide?

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What the court decided

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