Smt. Shikha Mishra vs Ram Chandra Mishra
2024 Latest Caselaw 2836 ALL

Allahabad High Court

Smt. Shikha Mishra vs Ram Chandra Mishra on 1 February, 2024

Author: Abdul Moin

Bench: Abdul Moin

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:9565
 
Court No. - 5
 

 
Case :- TRANSFER APPLICATION (CIVIL) No. - 114 of 2021
 

 
Applicant :- Smt. Shikha Mishra
 
Opposite Party :- Ram Chandra Mishra
 
Counsel for Applicant :- Sheo Shankar Verma
 
Counsel for Opposite Party :- Nagendra Bahadur Singh
 

 
Hon'ble Abdul Moin,J.
 

1. Heard learned counsel for the applicant and Sri Nagendra Bahadur Singh, learned counsel appearing on behalf of the sole respondent.

2. Instant application has been filed praying for transfer of Suit No.237 of 2020 in re: Ram Chandra Mishra Vs. Smt. Shikha Mishra filed under Section 13 of the Hindu Marriage Act, 1955 from the Court of learned Principal Judge, Family Court, Pratapgrh to the Court of learned Principal Judge, Family Court, Lucknow.

3.The grounds indicated in the application are that the applicant is residing at Lucknow and that she has also filed a Case No. 2106 of 2021 under the Domestic Violence Act before the A.C.J.M-8, Lucknow which is still pending.

4. It is contended that the respondent has filed the Regular Suit No. 237 of 2020 at District- Pratapgarh and keeping in view the aforesaid grounds, the application would not be able to attend the proceedings at Pratapgarh and hence the said application.

5. Learned counsel for the applicant contends that as the aforesaid case is pending at District Pratapgarh as such going to attend the proceedings which have been initiated by the applicant's husband at Pratapgarh would cause immense financial burden on the applicant. Placing reliance on the judgments of the Apex Court in the cases of Neelam Pathak vs. Alok Kumar Bharti reported in (2004) 13 SCC 687 and Pratibha Khemka vs. Sanjay Kumar Khemka reported in (2004) 13 SCC 686, learned counsel for the applicant argues that the Apex Court has categorically laid down that the convenience of the lady should be kept in mind in matrimonial proceedings.

6. On the other hand, Sri Nagendra Bahadur Singh, learned counsel for the respondents on the basis of averments contained in the counter affidavit opposes the said prayer.

7. Having heard learned counsel for the applicant and having perused the records, the Court finds that the Suit No.237 of 2020 filed by the husband of the applicant is pending at Pratapgarh and keeping in view the aforesaid discussion and judgments of the Apex Court in the cases of Neelam Pathak (supra) and Pratibha Khemka (supra), wherein it has been held that the convenience of the lady should be kept in mind in matrimonial proceedings, the present application is allowed.

8. Let Suit 237 of 2020 in re: Ram Chandra Mishra Vs. Smt. Shikha Mishra be transferred from the Court of learned Principal Judge, Family Court, Pratapgarh to the competent Court of District Lucknow, in accordance with law, within a period of one month from the date of receipt of a certified copy of this order.

Order Date :- 1.2.2024

Pachhere/-