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2025 DAILYLAW 130391 (ALL)

Shikha Srivastava v. Mohit Srivastava

TACL/80/2025 · 2025-03-26

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17298 Court No. - 8 Case :- TRANSFER APPLICATION (CIVIL) No. - 80 of 2025 Applicant :- Shikha Srivastava Opposite Party :- Mohit Srivastava Counsel for Applicant :- Janardan Singh Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. The instant petition has been preferred by the petitioner seeking transfer of petition under Section 13 of the Hindu Marriage Act pending before the Principal Judge at Family Court at Etawah bearing H.M.A. No. 89 of 2025. It is submitted that the petitioner is an ordinary resident of Lucknow, consequently, in absence of any robust family support system, it is not possible for the petitioner to travel to Etawah to contest the proceedings. Considering the prayer made and noticing that the proceedings of which transfer has been sought is pending before the Principal Judge, Family Court at Etawah, which is not within the territorial area of Oudh. In this regard, the learned counsel for the petitioner was directed to address the Court on the maintainability of the petition. After arguing at some length, the learned counsel for the petitioner submits that ends of justice can be met if the present petition may be placed before this Court at Prayagraj. Considering the same, that this Court does not have territorial jurisdiction to entertain the present petition, accordingly, in terms of Order 7 Rule 10 C.P.C., the petitioner is permitted to withdraw the present petition with liberty to file afresh before the appropriate Court. Accordingly, this petition shall be returned to the petitioner to be filed before this Court at Prayagraj. It is made clear that the Court has not examined the plea of the petitioner on merits and solely on the lack of territorial jurisdiction, the petition has been returned. Accordingly, this petition is disposed of in the aforesaid terms. Order Date :- 26.3.2025 Asheesh/- Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench