Neutral Citation No. - 2025:AHC:137187-DB Court No. - 39 Case :- FIRST APPEAL DEFECTIVE No. - 811 of 2024 Appellant :- Ashok Kumar Singh Respondent :- Dewanubhuti And Another Counsel for Appellant :- Smriti Gupta Hon'ble Arindam Sinha,J. Hon'ble Prashant Kumar,J. 1. Ms. Smriti Gupta, learned advocate appears on behalf of applicant- appellant (husband). She submits, impugned is order dated 31st August, 2024 of the Family Court, rejecting application made on behalf of her client under rule 3 of order XXXII in Code of Civil Procedure, 1908. She submits, reason for rejection was res judicata as the Family Court at Ranchi had, by order dated 26th February, 2021, rejected the earlier application. The appeal was filed on reported delay of 58 days. Application has been made for condonation. 2. On query regarding res judicata in context of order dated 26th February, 2021 passed by the Family Court at Ranchi being the competent Court prior to transfer on order dated 6th February, 2023 of the Supreme Court passed in Transfer Petition (C) no.1036 of 2021 (Anil Kumar Singh vs. Dewanubhuti) transferring the case to the Family Court at Ghaziabad Ms. Gupta submits, her client had filed for revision against said order dated 26th February, 2021. It was filed in the High Court of Jharkhand, Ranchi. Pursuant to order dated 6th February, 2023 of the Supreme Court directing transfer of the matrimonial case to the Family Court at Ghaziabad, her client withdrew the revision. In the circumstances, she again applied before the Family Court at Ghaziabad. The application was rejected by impugned order. 3. We are satisfied that applicant- appellant was heard by the Family Court at first instance, in respect of his prayer invoking rule 3 in order XXXII, Code of Civil Procedure, 1908. It appears, he was advised to file for revision before the High Court of Jharkhand, at Ranchi. On transfer of the matrimonial case to the Family Court at Ghaziabad, he withdrew the revision as evidenced by order dated 5th/7th July, 2023 made by the learned single Judge. Text of the order is reproduced below. "05/07.07.2023 Learned counsel for the petitioner seeks permission to withdraw the instant CMP application. 2. Prayer is allowed. 3. Accordingly, instant application stands dismissed as withdrawn." 4. By order dated 6th February, 2023, the Supreme Court allowed applicant's transfer petition, transferring his divorce petition being original suit (MTS) no.165 of 2019 pending in the file of Principal Judge, Family Court at Ranchi, Jharkhand to the Family Court at Ghaziabad, Uttar Pradesh. As such, petitioner was so advised. Pursuant to the transfer, petitioner again applied for the same relief before the transferee Family Court, rejected by impugned order dated 31st August, 2024, citing res judicata. 5. The matrimonial case instituted by petitioner is presently pending in the file of the Family Court at Ghaziabad. The entire record is in that Court. Said record includes order dated 26th February, 2021, against which applicant-appellant says, he is aggrieved. His grounds for being aggrieved have not received consideration nor adjudication. In the circumstances, applicant-appellant must file for revision/ miscellaneous writ petition against said order dated 26th February, 2021, in this Court as it exercises jurisdiction over the Family Court at Ghaziabad. We say so because said order dated 26th February, 2021 is an interlocutory order. In view of aforesaid, there is no necessity to direct issuance of notice, either on the application or the appeal. 6. In circumstances aforesaid, the appeal is required to be dismissed. As such, the application and appeal are dismissed. We reiterate, the dismissal will not affect applicant from finding his remedy against order dated 26th February, 2021 by way of revision/ miscellaneous writ petition. Order Date :- 12.8.2025 Gurpreet Singh (Arindam Sinha, J.) (Prashant Kumar,J.) Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad