Dismissed¶8

Rubi Singh v. Diwakar Singh

Allahabad HC7 Mar 2025TACL/69/2025

Case brief

AI extract

What is this about?

Allahabad High Court, Lucknow Bench; Manish Mathur J.; Transfer Application (Civil) No. 69 of 2025 (order dated 7.3.2025); Section 24 CPC transfer petition; Section 9 Hindu Marriage Act restitution-of-conjugal-rights-type suit Case No. 67 of 2024 (Diwakar Singh v. Smt. Rubi Singh) at Family Court, Hamirpur; jurisdiction/venue of transfer applications vis-a-vis filing afresh at Allahabad seat; reliance on Shivika Upadhayay v. Pushpendra Trivedi (2025) 168 ALR 79 : 2025 1 All LJ 233 : 2024 SCC OnLine All 7220, TA (Civil) No. 674 of 2024; dismissal as withdrawn with liberty; notices dispensed with.

What did the court decide?

Application dismissed as withdrawn; liberty granted to the applicant to file afresh before this Court at Allahabad. ¶8

Rubi Singh Vs Diwakar Singh — Matrimonial and Divorce | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application dismissed as withdrawn; liberty granted to the applicant to file afresh before this Court at Allahabad.

¶8

Issue for consideration

Whether the applicant's application under Section 24 of the Code of Civil Procedure, 1908, seeking transfer of pending matrimonial Case No.67 of 2024 from Family Court, Hamirpur, should proceed at the present hearing, or instead be treated per this Court's judgment in Smt. Shivika Upadhayay v. Pushpendra Trivedi by dismissing it as withdrawn with liberty to file afresh before this Court at Allahabad.

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Ratio / Principle

In view of the judgment rendered by this Court in Smt. Shivika Upadhayay v. Pushpendra Trivedi [(2025) 168 ALR 79 : 2025 1 All LJ 233 : 2024 SCC OnLine All 7220; Transfer Application (Civil) No. 674 of 2024], the transfer application is dismissed as withdrawn, with liberty granted to the applicant to file afresh before this Court at Allahabad.

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Key takeaways

Since the order was being passed summarily, notices to the opposite party were dispensed with.obiter¶6

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Court No. 19); Hon'ble Manish Mathur, J.; Transfer Application (Civil) No. 69 of 2025, Rubi Singh (Applicant) v. Diwakar Singh (Opposite Party); Order dated 7.3.2025. The applicant, represented by Aadarsh Mishra, Purnima Singh and Swati Singh Rajawat, moved an application under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of Case No.67 of 2024 (Diwakar Singh v. Smt. Rubi Singh), instituted by the opposite party under Section 9 of the Hindu Marriage Act and pending at Family Court, Hamirpur. Notices to the opposite party were dispensed with. Relying on this Court's judgment in Smt. Shivika Upadhayay v. Pushpendra Trivedi, (2025) 168 ALR 79 : 2025 1 All LJ 233 : 2024 SCC OnLine All 7220 (Transfer Application (Civil) No. 674 of 2024), the Court dismissed the application as withdrawn, granting the applicant liberty to file it afresh before this Court at Allahabad.

Rubi Singh v. Diwakar Singh

Case brief

What is this about?

What did the court decide?

Rubi Singh v. Diwakar Singh

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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