Smt. Gauri Jaiswal Vs Sri. Sujeet Kumar Jaiswal — Domestic Violence | Allahabad HC (2025)

Smt. Gauri Jaiswal Vs Sri. Sujeet Kumar Jaiswal — Domestic Violence | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether Regular Suit No.871/2022 (Sujeet Kumar v. Gauri), a suit for dissolution of marriage under Section 13 of the Hindu Marriage Act pending before the Principal Judge, Family Court, Faizabad, ought to be transferred to the appropriate Court in District Gorakhpur (Transfer Application No.96 of 2025 under Section 24 CPC). +1 more

Ratio / Principle

The two transfer applications preferred by the petitioner under Section 24 CPC are connected, since the parties, the crux of the dispute and the subject matter of both petitions are common.

Key takeaways

Notice is ordered to be issued to the respondent, returnable at an early date.ratio¶17
Learned counsel for the petitioner is directed to take steps within a week.ratio¶18
The matter is to be listed on 22.05.2025 along with the connected matter.ratio¶19

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench — Hon'ble Jaspreet Singh, J.; order dated 28.4.2025 in connected TRANSFER APPLICATION (CIVIL) Nos. 96 & 97 of 2025, filed by Smt. Gauri Jaiswal (counsel: Firoz Ahmad Khan) under Section 24 CPC against Sri. Sujeet Kumar Jaiswal. Applicant seeks transfer of (i) Regular Suit No.871/2022 (Sujeet Kumar v. Gauri) for dissolution of marriage under Section 13 Hindu Marriage Act and (ii) proceedings Case No.16/2022 (Sujeet Kumar Jaiswal v. Gauri Jaiswal) under Sections 7 & 9 Guardian and Wards Act, 1890 — both pending before the Principal Judge, Family Court, Faizabad — to the appropriate Court in District Gorakhpur, where she resides with her son after matrimonial fall out. Supporting circumstances urged: proceedings under Section 12 Domestic Violence Act, 2005 and Section 125 Cr.P.C. instituted at Gorakhpur with respondent's non-appearance and no maintenance/interim maintenance granted; FIR lodged under Section 498-A IPC; allegedly retaliatory initiation of the dissolution suit at Faizabad; respondent's responsibility for removal of the minor child from petitioner's custody while maintaining the guardianship suit; petitioner's financial incapacity to contest at Faizabad. Interim order only: petitions treated as connected; notice ordered to respondent, returnable at an early date; counsel to take steps within a week; matter listed for 22.05.2025 with the connected matter; interim-relief application deferred for consideration until after service on the respondent. Final adjudication of the transfer requests remains pending.

Court No. - 8

Case :- TRANSFER APPLICATION (CIVIL) No. - 96 of 2025

Applicant :- Smt. Gauri Jaiswal Opposite Party :- Sri. Sujeet Kumar Jaiswal Counsel for Applicant :- Firoz Ahmad Khan

A N D

Case :- TRANSFER APPLICATION (CIVIL) No. - 97 of 2025

Applicant :- Smt. Gauri Jaiswal Opposite Party :- Sri Sujeet Kumar Jaiswal Counsel for Applicant :- Firoz Ahmad Khan

Hon'ble Jaspreet Singh,J.

Heard learned counsel for the petitioner.

Both the above two applications have been preferred by the petitioner under Section 24 CPC and since the parties, the crux of the dispute as well as the subject matter of both the petitions are common, accordingly, both these petitions are connected.

The petitioner has filed Transfer Application No.96 of 2025 for seeking transfer of Regular Suit No.871/2022 (Sujeet Kumar v. Gauri) for dissolution of marriage in terms of under Section 13 of the Hindu Marriage Act pending before the Principal Judge, Family Court, Faizabad to the appropriate Court in District Gorakhpur.

The other Transfer Application No.97 of 2025 is also filed by the petitioner seeking transfer of proceedings initiated by the respondent bearing Case No.16/2022 (Sujeet Kumar Jaiswal v. Gauri Jaiswal) under Section 7 & 9 of the Guardian and Wards Act, 1890, which is also pending before the Court of Principal Judge, Family Court, Faizabad to the appropriate Court in District Gorakhpur.

The submission of the learned counsel for the petitioner is that the petitioner and the respondent were married on 28.04.2016, however, on account of matrimonial fall out, the petitioner along with her son is residing in Gorakhpur with her parents. The petitioner has instituted proceedings under Section 12 of the Domestic Violence Act, 2005 as well as under Section 125 Cr.P.C., at District Gorakhpur, however, in both the cases, the respondent has not put in appearance and no maintenance, interalia, interim maintenance has been granted by the Court. Apart

from the aforesaid, the petitioner has also loged an FIR against the respondent under Section 498-A IPC.

It is urged that in retaliation, the respondent has initiated proceedings for dissolution of marriage in District Faizabad. The respondent is also responsible for removing the minor child from the custody of the petitioner and yet he is attempting to maintain a suit for guardianship.

In the aforesaid circumstances, the petitioner is not financially capable to contest the proceedings at Faizabad. Hence, it is prayed that the proceedings may be transferred to the appropriate Court in district Gorakhpur.

The matter requires consideration.

Let notice be issued to the respondent returnable at an early date.

Learned counsel for the petitioner shall take steps within a week.

List this matter on 22.05.2025 along with connected matter.

The application for interim relief shall be considered after service on the respondent.

Order Date :- 28.4.2025 Rakesh/-

Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench