Allowed¶7

Arti Sonkar v. Ashok Kumar

Allahabad HC2 Jan 2025TACL/50/2024

Case brief

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What is this about?

Keywords: transfer application; Section 24 Code of Civil Procedure; transfer of suit from Lucknow to Prayagraj/Allahabad; Section 13 Hindu Marriage Act 1855; Regular Suit No. 3488 of 2018; Ashok Kumar versus R.P. Sonkar; lady applicant convenience; applicant posted in Prayagraj with major son; Section 128 Cr.P.C. execution case No. 30 of 2023; Family Court Lucknow; First Additional Principal Judge; cervical spondylosis medical objection rejected; transfer allowed.

What did the court decide?

Transfer of Regular Suit No. 3488 of 2018 (Ashok Kumar versus R.P. Sonkar) from the court of First Additional Principal Judge, Family Court, Lucknow to the Family Court at Allahabad. ¶7

Arti Sonkar Vs Ashok Kumar — Matrimonial and Divorce | Allahabad HC (2025)

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Court No. - 19

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Case :- TRANSFER APPLICATION (CIVIL) No. - 50 of 2024

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Applicant :- Arti Sonkar Opposite Party :- Ashok Kumar Counsel for Applicant :- Sarvesh Kumar Saxena,Mridula Saxena Counsel for Opposite Party :- Rakesh Chandra Rastogi,Pradeep Kumar Verma

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Hon'ble Manish Mathur,J.

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Heard learned counsel for applicant and Mr. Rakesh Rastogi learned counsel for opposite party.

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Application under Section 24 of the Code of Civil Procedure has been filed seeking transfer of regular suit No. 3488 of 2018 instituted by opposite party under Section 13 of Hindu Marriage Act 1855 from Lucknow to Allahabad (Prayagraj).

¶7

It has been submitted that apart from the aforesaid proceeding, no other proceeding between the parties is currently pending in Lucknow whereas proceedings under Section 128 Cr.P.C. is pending at Prayagraj having registered as execution case No. 30 of 2023. It is submitted that applicant is currently posted in Prayagraj and a major son is also living with her. It is further submitted that applicant being a lady is facing difficulty in attending to the case at Lucknow.

¶8

Learned counsel for opposite parties has refuted submissions advanced by learned counsel for opposite party with submission that son is major being 19 years of age and therefore there is no occasion to seek transfer on that ground. He has also adverted to the medical certificates of the opposite party to submit that opposite party is suffering from cervical spondylosis and other ailments due to which he would also have difficulty in attending in case the case is transferred to Allahabad.

¶9

Upon consideration of submissions advance and perusal of material on record, the difficulty in attending to the case at Lucknow by applicant appears to be made out. There does not appear to be any such severe medical condition of the opposite party that he would be unable to attend the case at Allahabad.

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In view of aforesaid, the regular suit No. 3488 of 2018 (Ashok Kumar versus R.P. Sonkar) pending in the court of First Additional Principal Judge, Family Court, Lucknow stands transferred to the the Family Court at Allahabad.

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The application therefore stands allowed.

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Order Date :- 2.1.2025 prabhat

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

Arti Sonkar v. Ashok Kumar

Case brief

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Arti Sonkar v. Ashok Kumar

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