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2025 DAILYLAW 137338 (ALL)

Smt. Juli v. Manoj Kumar

TACL/102/2025 · 2025-07-15

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40421 Court No. - 7 Case :- TRANSFER APPLICATION (CIVIL) No. - 102 of 2025 Applicant :- Smt. Juli Opposite Party :- Manoj Kumar Counsel for Applicant :- Arunendra Nath Mishra Hon'ble Pankaj Bhatia,J. 1. Heard learned Counsel for the applicant and the opposite party, in person. 2. The present application under Section 24 of C.P.C. has been filed seeking transfer of Divorce Petition No. 1470/23 (Manoj Kumar Vs. Smt Juli) filed under Section 13 of Hindi Marriage Act and pending before the court of Additional Principal Judge- Ist, Family Court Lucknow to an appropriate court at Unnao. 3. The submission of learned counsel for the applicant is that two proceedings initiated by the applicant are pending at Unnao and on account of inconvenience caused, it is prayed that the proceedings pending at Lucknow be transferred to Unnao, which is at a distance of about 45 Kilometers from Lucknow. 4. The opposite party, in person, states that in the two cases pending at Unnao, the opposite party was attacked by the family members of the applicant and thus there is an apprehension that in case the proceedings are transferred, the same may cause risk to the life and liberty to the opposite party. 5. There is no F.I.R. on record to demonstrate that the First Information Report was got lodged by the opposite party. However, considering the apprehension expressed and considering the inconvenience caused to the applicant, the proceedings of Divorce Petition No. 1470/23 (Manoj Kumar Vs. Smt Juli) pending before the court of Additional Principal Judge-Ist, Family Court Lucknow are transferred from Lucknow to Unnao. However, the Family Court at Unnao shall ensure that life and liberty of the opposite party is protected. The Family Court at Unnao shall also ensure that wherever it is possible, the opposite party would be given the liberty of appearing through video conferencing. 6. With the aforesaid observation(s)/direction(s), the application stands disposed of. Order Date :- 15.7.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench