Allahabad High Court
Smt. Soniya Singh vs Sunil Kumar on 24 March, 2023
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 19
Case :- TRANSFER APPLICATION (CIVIL) No. - 15 of 2022
Applicant :- Smt. Soniya Singh
Opposite Party :- Sunil Kumar
Counsel for Applicant :- Chandra Bhanu Singh,Ramu Verma
Counsel for Opposite Party :- Vijay Kumar
Hon'ble Saurabh Lavania,J.
Heard.
Present application has been filed seeking transfer of the case i.e. O.S. No. 338 of 2021 (Sunil Kumar Versus Smt. Soniya Singh) filed under Section 13 of the Hindu Marriage Act, 1955 pending in the Court of Principal Judge, Family Court, Raebareli to the competent court at Lucknow.
This Court after considering the facts and circumstances of the case, on 21.03.2023 passed the following orders:-
"On 02.03.2023, this Court has passed the following order:-
"Case called out. No one appeared on behalf of the opposite party. Learned counsel for the applicant is present in the Court.
In the interest of justice, the case is adjourned today.
List/put up this case in the week commencing 20.03.2023 as fresh.
Interim order, if any, is extended till the next date of listing.
Learned counsel for the applicant is directed to inform learned counsel for the opposite party in writing regarding the next date fixed in this case.
It is made clear that the case would not be adjourned on the next date of listing and appropriate orders would be passed in first call even in absence of learned counsel for the opposite party."
Today, learned counsel for the applicant very fairly stated that in absence of address and phone number of learned counsel for the side opposite, he could not inform to him regarding the date fixed in the case in compliance of the order dated 02.03.2023.
Considering the aforesaid as also in the interest of justice, the case is adjourned today.
List/put up on 24.03.2023, as fresh.
Interim order granted earlier, if any, shall continue till the next date of listing.
It is made clear that on the next date of listing, appropriate order would be passed even in absence of learned counsel for the side opposite in the first call. "
Today, when the case was called out, no one appeared to oppose the present transfer application on behalf of opposite party.
In the aforesaid background of the case, this Court proceeded to hear the matter on merits.
It is stated by learned Counsel for the applicant that applicant -Smt. Soniya Singh is residing in her parental house at Lucknow and case(s) filed by her are also pending in the competent Court of jurisdiction at Lucknow.
It is also stated that it is very difficult to the applicant to attend the proceedings of the case at Raebareli. Prayer is to transfer the case, in issue, from the court of Principal Judge, Family Court, Raebareli to the competent court at Lucknow.
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.
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 Matrimonial R.S. No. O.S. No. 338 of 2021 (Sunil Kumar Versus Smt. Soniya Singh) pending in the court of Principal Judge, Family Court, Raebareli be transferred to the competent court at Lucknow, 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.
The application stands allowed in aforesaid terms.
Order Date :- 24.3.2023
Jyoti/-
