Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 124317 (ALL)

Monika Soni v. Avinindra Chandra

TACL/54/2025 · 2025-03-10

Manish Mathur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:14539 Court No. - 19 Case :- TRANSFER APPLICATION (CIVIL) No. - 54 of 2025 Applicant :- Monika Soni Opposite Party :- Avinindra Chandra Counsel for Applicant :- Ravi Prakash Mishra,Ram Suphal Counsel for Opposite Party :- Ram Kumar Singh,Rajesh Kumar Pandey,Shri Kant Vishwakarma Hon'ble Manish Mathur,J. Heard Mr. Alok Kumar Tripathi, learned counsel holding brief on behalf of Mr. Ravi Prakash Mishra, learned counsel for the applicant and Mr. R.K. Singh and Mr. Rajesh Kumar Pandey, learned counsel for opposite party. Application under section 24 of the CPC has been filed seeking transfer of suit no. 665 of 2021 initiated by opposite party under section 13 of the Hindu Marriage Act from Family Court, Lucknow to District Agra. In terms of the earlier directions issued by this Court, supplementary affidavit has been filed stating and bringing on record defects indicated Registry of this Court at Allahabad to the effect that in the earlier transfer application seeking transfer of same case filed at Allahabad only a diary number has been generated and the case was never put up before the court concerned. In view of the defect of Registry transfer application was not maintainable at Allahabad. The said defect has been brought on record by means of supplementary affidavit and, therefore, it cannot be said that another transfer application is pending before this Court at Allahabad pertaining to the same cause of action. In view thereof the present application is being considered and decided on merits. Learned counsel for the applicant submits that three other cases between the parties are pending at Agra and since the applicant is facing difficulty in attending to the proceedings at Lucknow due to her residence being at Agra the transfer application is required to be transferred at Agra. Learned counsel for the opposite party has refuted the submissions advanced with the submission that the proceedings in the present suit are at final stages with only evidence of the applicant as DW-1. From perusal of the order sheet, particularly, order dated 28.01.2025, the said submissions are borne out. Considering the aforesaid facts and circumstances, it is evident that the proceedings of the suit are at the final stages and, therefore, this Court does not deem it appropriate to transfer the proceedings. In case the applicant is finding it difficult to attend the proceedings physically at Lucknow, liberty is granted to her to file appropriate application before the court concerned for her deposition to be recorded through video conferencing. In view thereof transfer application is rejected. Order Date :- 10.3.2025 mks Digitally signed by :- MANISH SAXENA High Court of Judicature at Allahabad, Lucknow Bench