Aparna Kashyap vs Himanshu Gaur
2024 Latest Caselaw 18546 ALL

Allahabad High Court

Aparna Kashyap vs Himanshu Gaur on 22 May, 2024

Author: Manish Mathur

Bench: Manish Mathur

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:39009
 
Court No. - 17
 

 
Case :- TRANSFER APPLICATION (CIVIL) No. - 237 of 2023
 

 
Applicant :- Aparna Kashyap
 
Opposite Party :- Himanshu Gaur
 
Counsel for Applicant :- Rakesh Chandra Rastogi,Pradeep Kumar Verma
 
Counsel for Opposite Party :- Akhilesh Kumar Pandey,Rashmi Pandey
 

 
Hon'ble Manish Mathur,J.
 

1. Heard learned counsel for applicant and Mr. Akhilesh Kumar Pandey, learned counsel for opposite party.

2. Application under Section 24 of the Code of Civil Procedure has been filed seeking transfer of Regular Suit No. 258 of 2023 instituted by opposite party under Section 13 of the Hindu Marriage Act from District Faizabad to District Lucknow.

3. It has been submitted that applicant is living with her parents at Lucknow since relations between applicant and opposite party have soured. It is submitted that there are three other cases pending between the parties in District Lucknow with only and single case in District Faizabad. It has also submitted that applicant does not have any independent source of income due to which she is facing difficulty in attending to the case at Faizabad.

4. Learned counsel for opposite party has refuted submissions advanced by learned counsel for applicant with the submission that the cases at Lucknow have been instituted after the institution of the case at Faizabad.

5. It has also been submitted that applicant herself is not appearing any of the case even in District Lucknow.

6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it appears and is admitted that there are three other cases pending between the parties in District Lucknow with the present case being the only one in District Faizabad. It is also admitted that applicant is living with her parents in District Lucknow and does not have any independent source of income.

7. 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, it is directed that Regular Suit No. 258 of 2023 pending in the Court of Principal Judge Family Court, Faizabad stands transferred to District Lucknow as per its allocation and shall be decided expeditiously without granting and due adjournments to either parties.

8. The application, therefore, stands allowed.

Order Date :- 22.5.2024

Satish