Allowed¶12

Sonali Bajpai v. Praveen Tripathi

Allahabad HC7 Jan 2025TACL/95/2024

Case brief

AI extract

What is this about?

Allahabad High Court Lucknow Bench, Court No. 19, Transfer Application (Civil) 95/2024, neutral citation 2025:AHC-LKO:1243, single judge Manish Mathur, decided 7.1.2025. Section 24 Code of Civil Procedure transfer application by Sonali Bajpai to move husband's Section 9 Hindu Marriage Act suit (Regular Suit No. 1250 of 2023, Praveen Tripathi versus Sonali Bajpai) from Family Court Bahraich to Lucknow; granted on grounds of applicant's residence with parents at Lucknow, two other pending inter-party cases, and absence of independent income; application allowed; no monetary amounts; no precedent cases cited.

What did the court decide?

Transfer of Regular Suit No. 1250 of 2023 (Praveen Tripathi versus Sonali Bajpai) from Family Court, Bahraich to the Court of competent jurisdiction of Family Court, Lucknow. ¶12

Sonali Bajpai vs Praveen Tripathi — Matrimonial and Divorce | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Transfer of Regular Suit No. 1250 of 2023 (Praveen Tripathi versus Sonali Bajpai) from Family Court, Bahraich to the Court of competent jurisdiction of Family Court, Lucknow.

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Issue for consideration

Whether the proceedings in Regular Suit No. 1250 of 2023 (instituted by the opposite party under Section 9 of the Hindu Marriage Act) pending at Family Court, Bahraich should be transferred to Lucknow, given the applicant's residence with her parents at Lucknow, other pending cases between the parties there, and her lack of independent means of income.

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Court's answer

The difficulty being faced by the applicant in attending the suit proceedings at Bahraich is clearly made out, resting on her stated residence with her parents at Lucknow, two other cases pending between the parties there, and her having no independent means of income.

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Ratio / Principle

The proceedings in Regular Suit No. 1250 of 2023 (Praveen Tripathi versus Sonali Bajpai) stand transferred to the Court of competent jurisdiction of Family Court at Lucknow.

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Detailed headnote1 paragraphs

Transfer Application (Civil) No. 95 of 2024 (neutral citation 2025:AHC-LKO:1243), High Court of Judicature at Allahabad, Lucknow Bench (Court No. 19), decided by Hon'ble Manish Mathur, J., Order Date 7.1.2025. Applicant Sonali Bajpai filed an application under Section 24 of the Code of Civil Procedure seeking transfer of Regular Suit No. 1250 of 2023 (Praveen Tripathi versus Sonali Bajpai), instituted by the opposite party under Section 9 of the Hindu Marriage Act, from Family Court, Bahraich to Lucknow. Grounds advanced: after separation from her husband the applicant resides with her parents at Lucknow, where two other cases between the parties are pending (paragraphs 33 and 34 of the supporting affidavit), and she has no independent means of income, causing considerable difficulty in attending proceedings at Bahraich. The Court held the difficulty clearly made out and transferred the proceedings to the Court of competent jurisdiction of Family Court at Lucknow; the application stands allowed. Notice to the sole opposite party had been deemed served (order dated 03.05.2024; office report dated 23.05.2024 - acceptance refused).

Sonali Bajpai v. Praveen Tripathi

Case brief

What is this about?

What did the court decide?

Sonali Bajpai v. Praveen Tripathi

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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Procedural history

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