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2025 DAILYLAW 134464 (ALL)

SMT. NEETU SINGH v. ANURAG SINGH

TACL/88/2023 · 2025-05-01

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:25208 Court No. - 8 Case :- TRANSFER APPLICATION (CIVIL) No. - 88 of 2023 Applicant :- Smt. Neetu Singh Opposite Party :- Anurag Singh Counsel for Applicant :- Moti Lal Yadav,Rajmani Yadava,Vinay Kumar Singh Counsel for Opposite Party :- Kaviya Singh Hon'ble Jaspreet Singh,J. 1. Heard learned counsel for the petitioner. 2. This Court on 9.4.2025 had noticed that the learned counsel for the respondent has not appeared and it was provided that in case if the learned counsel for the respondent does not appear on the next date, the matter shall be heard and decided in his absence. 3. Today again, none appeared on behalf of the respondent nor any adjournment/illness/ outstation slip has been sent. Accordingly, the court has heard learned counsel for the petitioner in the absence of respondent's counsel. 4. The instant petition has been preferred under Section 24 C.P.C. seeking transfer of Matrimonial Case No.1223 of 2021 (Anurag Singh Vs. Smt. Neetu Singh) from the court of Principal Judge, Family Court, Raebareli to the Court of Principal Judge, Family Court, Lucknow. 5. The submission of learned counsel for the petitioner is that the petitioner and respondent were married on 7.12.2019, however on account of matrimonial discord, the petitioner was turned out from her matrimonial home and she is now residing with her parent at Lucknow. The petitioner has filed an application under Section 125 Cr.P.C. bearing case no.1182 of 2021 before the Principal Judge, Family Court at Lucknow wherein an interim order has been passed to pay maintenance to the petitioner for a sum of Rs.10,000/- however the same has yet not been paid. The petitioner has also instituted another petition under the Domestic Violence Act bearing Case No.7593 of 2021 which is also engaging attention of the appropriate court at Lucknow. In retaliation, the respondent has instituted proceedings under Section 13 of the Hindu Marriage Act before the Principal Judge, Family Court in Raebareli. 6. It is urged that it is not feasible for the petitioner to contest the proceedings in Raebareli and it would be appropriate if the suit from Raebareli can be transferred to Lucknow as the respondent is contesting the cases filed by the petitioner at Lucknow. 7. Having considered the aforesaid submissions and in absence of any objection as also noticing the dictum of the Apex Court in the case of Leena Mukherjee Vs. Rabi Shankar Mukherjee reported in 2002 (10) SCC 480, in the case of Pratibha Khemka Vs. Sanjay Kumar Khemka reported in 2004 (13) SCC 686, in the case of Neelm Kanwar Vs. Devinder Singh Kanwar reported in 2000 (1) SCC 589 and in the case of N.C.V. Aishwarya Vs. A.S. Saravana Karthik reported in 2022 SCC OnLine SC 1199, this Court is of the view that the ends of justice can be met by directing the transfer of Matrimonial Case No.1223 of 2021 (Anurag Singh Vs. Smt. Neetu Singh) from the court of Principal Judge, Family Court, Raebareli to the Court of Principal Judge, Family Court at Lucknow. 8. Accordingly, the present transfer application is allowed. Principal Judge, Family Court, Raebareli is directed to transfer Matrimonial Case No.1223 of 2021 (Anurag Singh Vs. Smt. Neetu Singh) from the court of Principal Judge, Family Court, Raebareli to the Court of Principal Judge, Family Court, Lucknow, who upon receipt of the record of case under section 13 of the Hindu Marriage Act from the Raebareli Court, shall attempt to consider and decide the pending case including the one under Section 125 CR.P.C. without granting any unnecessary adjournment to either of the parties most expeditiously so that the proceedings can be taken to its logical conclusion, as expeditiously as possible. Order Date :- 1.5.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench