Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 113776 (ALL)

RUCHI AWASTHI @ DOLLY v. Saurabh Tiwari

TACL/4/2025 · 2025-03-04

Manish Mathur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:13255 Court No. - 19 Case :- TRANSFER APPLICATION (CIVIL) No. - 4 of 2025 Applicant :- Ruchi Awasthi @ Dolly Opposite Party :- Saurabh Tiwari Counsel for Applicant :- Kunwar Ravi Prakash,Neeraj Tripathi Counsel for Opposite Party :- Durgendra Kumar Tiwari Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant. No one has put in appearance on behalf of opposite party. 2.Earlier vide order dated 30th January, 2025 stop order had been passed with regard to filing of objections, which have not been filed till date. 3. On 6th January, 2025 following order had been passed:- "1. Heard learned counsel for applicant. 2. Issue notice to opposite party. 3. Application under Section 24 of the Code of Civil Procedure, 1908 has been filed seeking transfer of Regular Suit No.170 of 2023 instituted by opposite party under Section 13 of Hindu Marriage Act, 1955 from District Raebareli to Lucknow. 4. It has been submitted that the applicant is currently residing in Lucknow with her parents after separation and is finding it difficult to attend the proceedings in Raebareli. 5. In view of aforesaid, list this case on 30.01.2025 along with service report. 6. Objections may be filed in the meantime. 7. Till the next date of listing, proceedings in Regular Suit No.170 of 2023 (Saurah Tiwari v. Ruchi Tieari @ Dolly) under Section 13 of Hindu Marriage Act, 1955 pending in court of Additional Principal Judge, Family Court No.03 District Raebareli shall remain stayed." 3. In view of uncontroverted averments made in the application and in view of judgement rendered by Hon'ble the Supreme Court in the case of N.C.V. Aishwarya versus A. S. Saravana Karthik, 2022 SCC Online SC 1199 and particularly in view of specific statement that the applicant does not have any independent source of income due to which she is finding difficulty in attending the proceedings at Raebareli, the regular suit No.170 of 2023, Saurabh Tiwari versus Ruchi Tiwari @ Dolly pending in the Court of Principal Judge Family Court, Raebareli shall stand transferred to the Family Court at Lucknow. 4. The application therefore stands allowed. Order Date :- 4.3.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench