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2025 DAILYLAW 118255 (ALL)

Saumya Mishra v. Prashant Kumar

/15/2025 · 2025-09-12

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW TRANSFER APPLICATION (CIVIL) No. - 15 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the applicant and Shri Krishan Kumar, learned counsel for the opposite party. 2. The present transfer application has been filed at the instance of the applicant seeking transfer of the matrimonial proceedings presently pending at Sitapur to a court at Lakhimpur. 3. The contention of the applicant is that the applicant is working with American Express and she is currently staying with her parents at Palia, Lakhimpur and is working from home, which is permitted by the employer of the applicant. 4. It is pleaded that it is inconvenient for the applicant to travel to Sitapur, which is more than 150 Kms from the place where the applicant is presently staying. 5. Learned counsel for the opposite party opposes the transfer application by arguing that although the matrimonial home of the applicant is at Paila, Lakhimpur, however, she is posted at Bangalore and is working for American Express. He argues that the present application has been filed only to harass the opposite party. The LinkedIn profile of the applicant has also been annexed along with the counter affidavit. 6. Considering the fact that the applicant is employed at Bangalore and on account of facility of work from home, is working at time from Palia, Versus Counsel for Applicant(s) : Samarth Saxena Counsel for Opposite Party(s) : Krishan Kumar Saumya Mishra .....Applicant(s) Prashant Kumar .....Opposite Party(s) Lakhimpur and both the parties do not have any children and considering the short distance in between the two places, no good ground for transfer is made out. 7. The present transfer application is dismissed. 8. The amount deposited by the opposite party during the mediation shall be returned to the applicant on her moving an appropriate application. September 12, 2025 Ashutosh TACL No. 15 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench