Neutral Citation No. - 2025:AHC-LKO:4291 Court No. - 19 Case :- TRANSFER APPLICATION (CIVIL) No. - 36 of 2024 Applicant :- Akanksha Tripathi Opposite Party :- Siddharth Shukla Counsel for Applicant :- Avnish Kumar Tiwari,Dr. Surendra Kumar Misra,Manoj Kumar Dwivedi,Rajeshwar Prasad,Shashank Agnihotri Counsel for Opposite Party :- Sajjad Husain,Ramesh Chandra Shukla,Sanjay Srivastava Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned counsel for opposite parties. 2. Application has been filed under Section 24 of the Code of Civil Procedure, 1908 seeking transfer of Civil/Matrimonial Case No.4052 of 2023 instituted by opposite party under Section 13 of Hindu Marriage Act from Lucknow to Lakhimpur Kheri. 3. Learned counsel for applicant submits that after relations having become estranged between the couple, the Applicant is residing with her parents in Lakhimpur Kheri with another Case under Section 125 Cr.P.C. also pending in Lakhimpur Kheri along with a first information report which has also been registered there as detailed in the rejoinder affidavit. It has been averred in memorandum of Application that the applicant does not have any independent source of income nor is she being maintained by opposite party due to which she is facing considerable difficulty in attending to cases at Lucknow. 4. Learned counsel for opposite party has refuted the submissions advanced by learned counsel for applicant with the submission that applicant in fact does not reside in Lakhimpur Kheri at all and is employed with WIPRO. It is submitted that the opposite party has not been able to appear in the proceedings under Section 125 Cr.P.C. since he has not yet received any notices with regard to same since apparently an incorrect address has been indicated in the memorandum of petition. He has also reiterated the aspect that the applicant is not residing in Lakhimpur Kheri and has drawn attention to Annexures filed along with counter affidavit dated 26.06.2024 and 30.11.2024 to submit that the aforesaid documents clearly indicate that letters sent to applicant at her address have been returned without being served. Learned counsel for opposite party has also submitted that in first information report filed against opposite party, a final report has also been submitted. 5. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is evident that Application has been filed indicating the applicant being a resident of Lakhimpur Kheri. A copy of her Aadhar card has also been brought on record as identity proof which indicates the applicant being a resident of Lakhimpur Kheri. 6. The submission of learned counsel for parties also make it evident that as yet for whatever reasons, appearance has not been put in by opposite party in proceedings under Section 125 Cr.P.C., which is also pending at Lakhimpur Kheri and no maintenance amount is being paid to the applicant by opposite party. 7. Considering applicability of judgment rendered by Hon'ble the Supreme Court in N.C.V. Aishwarya v. A.S. Saravana Karthik reported in 2022 SCC Online SC 1199, the proceedings of Civil/Matrimonial Case No.4052 of 2023 (Siddharth Shukla v. Akanksha Tripathi) shall stand transferred from Lucknow to Lakhimpur Kheri. 8. The Application therefore stands allowed. Order Date :- 22.1.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench