Smt. Ruchi Pandey @ Ruchi Mishra And Ors. vs Priyavart Mishra @ Ravi
2024 Latest Caselaw 17333 ALL

Allahabad High Court

Smt. Ruchi Pandey @ Ruchi Mishra And Ors. vs Priyavart Mishra @ Ravi on 15 May, 2024

Author: Manish Mathur

Bench: Manish Mathur

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:37454
 
Court No. - 17
 

 
Case :- TRANSFER APPLICATION (CIVIL) No. - 7 of 2024
 

 
Applicant :- Smt. Ruchi Pandey @ Ruchi Mishra And Ors.
 
Opposite Party :- Priyavart Mishra @ Ravi
 
Counsel for Applicant :- Arun Kumar Mishra
 
Counsel for Opposite Party :- Diwakar Prasad Tiwari
 

 
Hon'ble Manish Mathur,J.
 

1. Heard learned counsel for applicants and learned counsel for opposite party.

2. Transfer application under Section 24 of the Code of Civil Procedure has been filed seeking transfer of original Suit No. 16/70/2022 instituted by the opposite party under Sections 6 & 7 of Guardianship Act pending in the Court of Principal Judge Family CourtShrawasti to District Gonda.

3. It has been submitted that the applicant no. 1 being the wife of opposite party no 2 is now residing in Gonda with her parents after relations between two soured. It is submitted that the applicant has two minor children living with her and submits that it has been clearly stated in the memorandum of application that two cases one being criminal case in pursuance of FIR lodged as Case Crime No. 7 of 2022 and another bearing Case No. 333 of 2022 under Section 125 Cr.P.C. are pending in District Gonda and that applicant is facing problems in attending to the case in DistrictShrawasti.

4. Learned counsel for opposite party has refuted submissions advanced by learned counsel for applicant with the submission that there is material concealment of fact in the application inasmuch as details with regard to criminal case pending in DistrictShrawasti have not been indicated.

5. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it is undisputed that applicant alongwith her two minor children is now residing with her parents in District Gonda where two other case are also pending. It is also submitted that applicant no. 1 is unemployed and is facing problems in attending to the case in DistrictShrawasti.

6. In view of judgment rendered by Hon'ble Supreme Court in the case of N.C.V. Aishwarya versus A. S. Saravana Karthik, 2022 SCC Online SC 1199, the original Suit No. 16 /70 of 2022, Priyavart Mishra versus Smt. Ruchi Pandey pending in the Court of Principal Judge Family Court Shrawasti stands transferred to District Gonda as per allocation and shall be decided expeditiously without granting and due adjournments to either parties.

7. The application, therefore, stands allowed.

Order Date :- 15.5.2024

Satish