Shradha Sahu vs Amit Sahu
2022 Latest Caselaw 2064 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- TRANSFER APPLICATION (CIVIL) No. - 134 of 2021
 

 
Applicant :- Shradha Sahu
 
Opposite Party :- Amit Sahu
 
Counsel for Applicant :- Vidya Dhar Yadav
 
Counsel for Opposite Party :- Jugal Kishor Khanna
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the applicants and Sri Jugal Kishor Khanna, learned counsel for the opposite party.

Sri Jugal Kishor Khanna has filed Power on 06.04.2022, but till date no counter affidavit has been filed and today he prays for further time, which is rejected.

Present transfer application has been filed to transfer Case No. 702 of 2019 (Amit Sahu vs. Shradha Sahu) under Section 25 of Guardians and Wards Act, 1890 from Chief Judge, Family Court, Allahabad to Chief Judge, Family Court, Jaunpur.

Learned counsel for the applicant submitted that applicant Section 9 of Guardians and Wards Act, 1890 provides jurisdiction of Court. According to which, case under this act may only be filed where the wards are residing. In the present case, applicant is having specific case that presently both the minor children are residing at Jaunpur alongwith applicant. One children is studying in Class-V and another is in Class-II. It is further submitted that earlier applicant has moved Transfer Application (Civil) No. 609 of 2019 to transfer the case No. 1376 of 2018 under Section 13 of Hindu Marriage Act, which was allowed by this Court vide order dated 24.02.2020. Lastly, it is submitted that considering the different pronouncements made by the Apex Court as well as High Courts, present transfer application may also be allowed.

Sri Jugal Kishor Khanna, learned counsel for the opposite party has opposed the submission, but could not dispute the factual and legal submission made by the learned counsel for the applicant.

I have considered rival submissions advanced by learned counsels for parties and perused the records as well as judgments relied upon by counsel for applicant. Facts of the case are not disputed.

Therefore, under such facts and circumstances of the case, the transfer application is allowed. The proceeding of Case No. 702 of 2019 is withdrawn from the Principal Judge, Family Court, Allahabad. Principal Judge, Family Court, Allahabad is directed to transmit the record of Case No. 702 of 2019 to Principal Judge, Family Court, Jaunpur within 15 days from the date of production of certified copy of this order. Thereafter, endeavour shall be made to decide the aforesaid case maximum within a period of six months by the Principal Judge, Family Court Jaunpur or other Additional Judge as per the Rules of the Family Court.

Order Date :- 5.5.2022

Sartaj