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2025 DAILYLAW 113760 (ALL)

Manoj Shankar v. Pragya Dixit

TACL/3/2025 · 2025-02-11

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:8862 Court No. - 19 Case :- TRANSFER APPLICATION (CIVIL) No. - 3 of 2025 Applicant :- Manoj Shankar Opposite Party :- Pragya Dixit Counsel for Applicant :- Ravindra Kumar Singh,Anurag Maurya Counsel for Opposite Party :- Maria Fatima,Rani Singh Hon'ble Manish Mathur,J. 1. Heard Mr. Ravindra Kumar Singh learned counsel for applicant and Ms. Rani Singh learned counsel for opposite party. 2. Application under Section 24 CPC has been filed seeking transfer of regular suit No. 1101 of 2020 instituted by opposite party under Section 13 of Hindu Marriage Act from Family Court Lucknow to District Kanpur Nagar. 3. It has been submitted that the applicant lives in Kanpur where the opposite party is also currently working in district court concerned. 4. It is submitted that marriage between the parties also took place in Kanpur. It is further submitted that the opposite party is also in receipt of salary and therefore no maintenance is being paying since she has already waived maintenance. 5. Learned counsel for opposite party has refuted submissions advanced by learned counsel for applicant with submission that the opposite party is a permanent resident of Lucknow although she is currently employed in Kanpur to which place she travels daily. It is submitted that the present proceedings are the only proceedings pending between the parties and are at the stage of final hearing. 6. Considering submissions advanced by learned counsel for parties and perusal of material on record, it is thus evident and admitted that opposite party is currently residing in Lucknow although she is working in Kanpur and frequents daily. 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 no good ground is made out for transfer of the case particularly in view of admitted situation that the suit proceedings are in the final stages. 8. In view of aforesaid the transfer application is rejected. However the court concerned is directed to expedite hearing of the proceedings of case No. 1101 of 2020, Pragya Dixit versus Manoj Sahnakar pending in the court of Principal Judge, Family Court, Lucknow. Order Date :- 11.2.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench