Kitty Singh vs Piyush Singh
2023 Latest Caselaw 11373 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 18
 

 
Case :- TRANSFER APPLICATION (CIVIL) No. - 148 of 2022
 

 
Applicant :- Kitty Singh
 
Opposite Party :- Piyush Singh
 
Counsel for Applicant :- Arjun Singh Somvanshi
 
Counsel for Opposite Party :- Praveen Kumar Verma
 

 
Hon'ble Saurabh Lavania,J.

Heard.

Present application has been filed seeking transfer of the case i.e. Regular Suit No. 404 of 2018 (Piyush Singh Versus Kitty Singh) filed under Section 13 of the Hindu Marriage Act, 1955 pending in the Court of Principal Judge, Family Court, Lucknow to the competent court of jurisdiction at Farrukhabad.

It is stated by learned Counsel for the applicant that applicant-Kitty Singh is residing in her parental house at Farrukhabad. The applicant has filed application(s) under Section 125 Cr.P.C. for maintenance, Domestic Violence Proceedings and a case no. 2402 of 2016, which are pending before competent Court of jurisdiction at Farrukhabad. The suit in relation to which the present transfer application has been filed is pending before the court at Lucknow, which is far from Farrukhabad. As such, the same is liable to be transferred at Farrukhabad.

In support of his submission he has placed reliance on the following judgments:-

(1) 2022 SCC OnLine SC 1191 (N.C.V. Aishwarya Versus A.S. Saravana Karthik Sha)

(2) Transfer Application (Civil) No. 19 of 2021 (Smt. Shikha Jaiswal Vs. Atul Kumar Jaiswal) decided on 27.07.2021

(3) Transfer Petition (Civil) No.-198 of 2018 ( Achala Harsh Versus Rajiv Gupta) decided on 16.09.2022.

Prayer is to allow the transfer application.

Considering the aforesaid facts as also the judgments relied upon by the learned Counsel for the applicant, this Court is of the view that the present application for transfer is liable to be allowed.

Accordingly, the application is allowed. The Regular Suit No. 404 of 2018 (Piyush Singh Versus Kitty Singh) pending in the court of Principal Judge, Family Court, Lucknow be transferred to the competent court of jurisdiction at Farrukhabad, within a period of two weeks from the date of production of certified copy of this order before the Court concerned alongwith necessary documents etc.

Order Date :- 17.4.2023

Jyoti/-