Citation : 2024 Latest Caselaw 15556 ALL
Judgement Date : 3 May, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:34634 Court No. - 17 Case :- TRANSFER APPLICATION (CIVIL) No. - 235 of 2023 Applicant :- Smt. Akanksha Singh @ Dolli Opposite Party :- Principal Judge Family Court Kanpur Nagar And Anr. Counsel for Applicant :- Vivek Shukla Counsel for Opposite Party :- Ram Naresh Singh Chauhan,Ajeet Kumar Mishra Hon'ble Manish Mathur,J.
1. Heard learned counsel for applicant and Mr. Ajeet Kumar Mishra, learned counsel for opposite party no.2. Notices to opposite party no.1 stand dispensed with.
2. Application under Section 24 of the Code of Civil Procedure, 1908 has been filed seeking transfer of Case No.2098 of 2023 (Rishabh Singh v. Smt. Akanksha Sing @ Dolli) instituted by opposite party no.2 under Section 9 of Hindu Marriage Act, 1955 pending in the Court of Principal Judge, Family Court, Knapur Nagar to District Unnao.
3. It is submitted that the applicant is now living with her parents in District Unnao since relation between the applicant and opposite party no.2 has soured. It is submitted that another case bearing no.208 of 2023 under Section 125 Cr.P.C. is also pending in District Unnao and applicant being unemployed is facing difficulty in attending to the case in District Kanpur Nagar.
4. Although opposite party no.2 has opposed the application but the facts as narrated herein above are admitted.
5. In view of judgment rendered by Hon'ble the Supreme Court in N.C.V. Aishwarya v. A.S. Saravana Karthik reported in 2022 SCC Online SC 1199, Case No.2098 of 2023 (Rishabh Singh v. Smt. Akanksha Sing @ Dolli) pending in the Court of Principal Judge, Family Court, Kanpur Nagar stands transferred to Family Court, Unnao as per its allocation and shall be decided expeditiously without granting any undue adjournments to either party.
6. The Application therefore stands allowed.
Order Date :- 3.5.2024
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