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2025 DAILYLAW 113140 (ALL)

SMT RACHNA AND ANOTHER v. TARACHANDRA RAJPOOT AND ANOTHER

TACL/1019/2024 · 2025-04-28

Neeraj Tiwari

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:66295 Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 1019 of 2024 Applicant :- Smt Rachna And Another Opposite Party :- Tarachandra Rajpoot And Another Counsel for Applicant :- Manish Kumar Kesarwani Counsel for Opposite Party :- Nand Kishor Mishra,Shilpa Ahuja Hon'ble Neeraj Tiwari,J. Heard Sri Manish Kumar Kesarwani, learned counsel for the applicants and Mr. Nand Kishore Mishra alongwith Ms. Shilpa Ahuja, learned counsel for the respondents. Present application has been filed for transfer the Original Suit No. 154 of 2023 (Smt. Rachana & Another vs. Tarachandra & another) pending in the Court of Civil Judge (Senior Division), Mahoba. Pursuant to the order of this Court dated 24.4.2025, Mr. Brajesh Kumar alongwith Aadhar Card is present before this Court today. From perusal of his Aadhar Card, it is found that copy of Aadhar Card annexed on page 9 of the counter affidavit and Aadhar Card produced by Brajesh Kumar are having same identification number, therefore, there is no discrepancy in both the Aadhar Card except the photographs, which is due to age factor. Therefore, explanation given by learned counsel for the respondent is satisfactory. Personal appearance of Mr. Brajesh Kumar is exempted until further order of this Court. Learned counsel for the applicant submitted that after death of her husband, applicant has filed Original Suit No.154 of 2023 before the Civil Judge (Senior Division), Mahoba as she is having no source of income to maintain herself and her daughter. She next submitted that she is not getting any support from her in laws, therefore, she has joined contractual job at Ghaziabad. He further submitted that she has also filed an application on 3.12.2024 before Superintendent of Police, Mahoba against her in laws against their atrocity. He lastly submitted that as she is having minor daughter, therefore, it is difficult for her to attend the court proceeding at District Mahoba coupled with this fact that she is also getting threat by her in laws, therefore, under such facts and circumstances, aforesaid case may be transferred to Judgeship, Ghaziabad. Mr. Nand Kishore Mishra alongwith Ms. Shilpa Ahuja, learned counsel for the respondents vehemently opposed the submission and submitted that father-in-law and mother-in-law are aged about 60 years, therefore, it is difficult for them to attend the Court proceedings at District Ghaziabad, which is countered by learned counsel for the petitioner submitted that he is having young son, who has filed affidavit before this Court, namely, Brajesh Kumar, therefore, he may attend the Court proceeding very easily. After some argument, both the parties have given consent that case may be transferred to Judgeship of Aligarh Therefore, under such facts and circumstances of the case, the transfer application is allowed. The proceeding of Original Suit No. 154 of 2023 is withdrawn from the Trial Court, Mahoba. Trial Court, Mahoba is directed to transmit the record of Original Suit No. 154 of 2023 to Trial Court, Aligarh within 15 days from the date of production of certified copy of this order. Order Date :- 29.4.2025 Junaid Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad