Sapna Singh vs Rana Kunwar Pratap Singh And ...
2023 Latest Caselaw 15171 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Neutral Citation No. - 2023:AHC-LKO:33569
 
Court No. - 18
 

 
Case :- TRANSFER APPLICATION (CIVIL) No. - 44 of 2023
 

 
Applicant :- Sapna Singh
 
Opposite Party :- Rana Kunwar Pratap Singh And Another
 
Counsel for Applicant :- Vinod Kumar Singh
 
Counsel for Opposite Party :- Sri Abhishek Kumar Tiwari,Abhishek Kumar Dwivedi,Abid Alvi,Varsha Singh
 

 
Hon'ble Saurabh Lavania,J.

Heard.

Present application has been filed seeking transfer of the case i.e. Divorce Suit No. 796 of 2022 (Rana Kunwar Pratap Singh Versus Sapna Singh) filed under Section 13 of the Hindu Marriage Act, 1955 which is pending in the Court of Principal Judge, Family Court, Sultanpur to the competent court of jurisdiction at Azamgarh.

It is stated by learned Counsel for the side opposite that the opposite party is ready to bear the expenses of the applicant for attending the case at Family Court at Sultanpur. As such no indulgence of this Court is required.

In response, it is stated by learned Counsel for the applicant that applicant-Sapna Singh is residing in her parental house at Azamgarh and the proceedings initiated by the applicant under Section 125 Cr.P.C. for maintenance and Protection of Women from Domestic Violence Act 2005 as also a case no. 4766 of 2022 under Sections 498A, 323 IPC and 3/4 Dowry Prohibition Act, are pending before competent Court of jurisdiction at Azamgarh. The suit in relation to which the present transfer application has been filed is pending before the court at Sultanpur, which is far away from Azamgarh. As such, the same is liable to be transferred at Azamgarh.

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 and submissions of learned Counsel for the parties 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. Divorce Suit No. 796 of 2022 (Rana Kunwar Pratap Singh Versus Sapna Singh) pending in the court of Principal Judge, Family Court, Sultanpur be transferred to the competent court of jurisdiction at Azamgarh, 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 :- 15.5.2023

Jyoti/-