KM SAMRIDHI JAIN AND ANOTHER v. SUNIL KUMAR JAIN AND ANOTHER
TACL/140/2025 · 2025-07-15
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 143157 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 143157 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:40435 Court No. - 7 Case :- TRANSFER APPLICATION (CIVIL) No. - 140 of 2025 Applicant :- Km Samridhi Jain And Another Opposite Party :- Sunil Kumar Jain And Another Counsel for Applicant :- Pramod Kumar Pandey Hon'ble Pankaj Bhatia,J. 1.Objection filed by learned counsel for the opposite party is taken on record. 2. Heard learned counsel for the applicant and Sri Durgesh Kumar Pathak, who appears for the opposite parties. 3. It is prayed that the applicant who is the guardian of the two minors, for the applicants have filed the application seeking transfer of proceedings of Case No. 21/70/2025 pending under Section 7 and 10 of the Guardians and Wards Act, (Kumari Samridhi Jain & another versus Suneel Kumar Jain) from the Court of Principal Judge, Family Court, Bahraich to an appropriate court at Sitapur. 4. The contention of learned counsel for the applicant is that the two children are with the mother after the death of her husband (who is also the son of the opposite parties), however the opposite parties have filed proceedings under Section 7 and 10 of the Guardians and Wards Act at Bahraich, which are without jurisdiction according to the learned counsel for the applicants.Considering that the widow and the two children are staying at Sitapur, it is prayed that proceedings be transferred to the appropriate court at Sitapur. 5. Learned counsel for the opposite parties states that the opposite parties are grand parents and have filed the application for being appointed as guardian. It is stated that a FDR of Rs. 10,00,000/- each has been drawn by the opposite parties in favour of the children, which demonstrates good faith by the opposite parties. It is further argued that the opposite parties are aged about 67 and 62 years respectively and it would be highly inconvenient for them to go from Bahraich to Sitapur to attend the proceedings. The distance between the two places is approximately 130 Kilometers. 6. Considering the facts that the opposite parties are prosperous, as is evident from the statement of learned counsel for the opposite parties and huge convenience would be caused to the two children and the mother, who is a widow, the present
application is allowed.
The proceedings of Case No. 21/70/2025 pending under Section 7 and 10 of the Guardians and Wards Act, (Kumari Samridhi Jain & another versus Suneel Kumar Jain) are transferred from the Court of Principal Judge, Family Court, Bahraich to Family Court, Sitapur. Order Date :- 15.7.2025 Arvind Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench