Smt. Megha vs Shubh Gautam — Dowry and Cruelty | Allahabad HC (2025)

Smt. Megha vs Shubh Gautam — Dowry and Cruelty | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Notice issued to the opposite party returnable at an early date; service by ordinary post and R.P./A.D. within ten days; four weeks granted to file counter affidavit; matter listed on 18.07.2025; and, until further orders, further proceedings of Case No. 440 of 2024 before the Principal Judge, Family Court, Kasganj stayed.

Issue for consideration

Whether the transfer application filed by the applicant-wife for transfer of Case No. 440 of 2024 (Shubh Gautam vs. Smt. Megha) under Section 10 of the Hindu Marriage Act, 1955 from the Court of the Principal Judge, Family Court, Kasganj to the Court of the Principal Judge, Family Court, Hathras should be allowed, on the grounds of the criminal proceedings instituted by her at Hathras, her residence there with her aged parents, and her lack of income to meet travel and litigation expenses.

Ratio / Principle

Interim direction: until further orders of this Court, further proceeding of Case No. 440 of 2024 (Shubh Gautam vs. Smt. Megha), under Section 10 of the Hindu Marriage Act, 1955 pending in the Court of the Principal Judge, Family Court, Kasganj, shall remain stayed.

Detailed headnote1 paragraphs

Allahabad High Court (Saral Srivastava, J.), Transfer Application (Civil) No. 370 of 2025, order dated 21.5.2025: The applicant-wife (Smt. Megha) sought transfer of Case No. 440 of 2024 (Shubh Gautam vs. Smt. Megha), under Section 10 of the Hindu Marriage Act, 1955, from the Court of the Principal Judge, Family Court, Kasganj to the Court of the Principal Judge, Family Court, Hathras. Grounds urged: a criminal proceeding, Case Crime No. 0133 of 2024, under Sections 85, 115(2), 352, 74, 64(1) & 351(2) of B.N.S. and Section 3/4 of the Dowry Prohibition Act instituted by the applicant against the opposite party and his family members at Hathras; the applicant's residence at Hathras with her aged parents; and her having no source of income to meet litigation and travelling expenses if she had to contest the Kasganj case on every date. The Court held the matter required consideration, issued notice to the opposite party returnable at an early date, directed steps for service by ordinary post as well as R.P./A.D. within ten days, granted the opposite party four weeks to file a counter affidavit, and listed the matter for 18.07.2025, with the consequence under Chapter XII Rule 4 of the Allahabad High Court Rules if steps were not taken. Until further orders, further proceeding of the Kasganj case was stayed.

Court No. - 2

Case :- TRANSFER APPLICATION (CIVIL) No. - 370 of 2025

Applicant :- Smt. Megha Opposite Party :- Shubh Gautam Counsel for Applicant :- Digvijay Singh

Hon'ble Saral Srivastava,J.

Heard learned counsel for the applicant.

The present application has been filed by the applicant-wife seeking transfer of Case No.440 of 2024 (Shubh Gautam Vs. Smt. Megha), under Section 10 of Hindu Marriage Act, 1955 pending in the Court of Principal Judge, Family Court, Kasganj to the Court of Principal Judge, Family Court, Hathras.

It is submitted by the learned counsel for the applicant that a proceeding in Case Crime No.0133 of 2024, under Sections 85, 115(2), 352, 74, 64(1) & 351(2) of B.N.S. & Section 3/4 of Dowry Prohibition Act has been instituted by the applicant against the opposite party and his family members at Hathras whereas opposite party has instituted the proceeding under Section 10 of Hindu Marriage Act at Kasganj. It is submitted that the applicant is residing alongwith her aged parents at Hathras. It is submitted that the applicant has no source of income to meet the litigation expenses and other expenses which is to be incurred in travelling from Hathras to Kasganj to contest the case instituted by opposite party at Kasganj on each and every date fixed in the matter. Thus, the submission is that if the case is allowed to be proceeded at Kasganj, applicant would suffer serious prejudice.

Matter requires consideration.

Issue notice to respondent/opposite party returnable at an early date.

Steps by both modes i.e. ordinary post as well as R.P./A.D. be taken for service of notice upon respondent/opposite party within ten days.

Opposite party is granted four weeks time to file counter affidavit.

List on 18.07.2025.

In case steps are not taken within the aforesaid period, the matter shall be listed under Chapter XII Rule 4 of the Allahabad High Court Rules immediately after expiry of ten days.

Until further orders of this Court, further proceeding of Case No.440 of 2024 (Shubh Gautam Vs. Smt. Megha), under Section 10 of Hindu Marriage Act, 1955 pending in the Court of Principal Judge, Family Court, Kasganj shall remain stayed.

Order Date :- 21.5.2025 Sattyarth

Digitally signed by :- SATTYARTH ANAND High Court of Judicature at Allahabad