Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:11984 Court No. - 19 Case :- TRANSFER APPLICATION (CIVIL) No. - 195 of 2024 Applicant :- Shaniya Siddiqui Opposite Party :- Mohd. Shadab Sheikh Counsel for Applicant :- Mohd Fahim,Ashhad Ali Counsel for Opposite Party :- Rama Kant Giri Hon'ble Manish Mathur,J.
1. Heard learned counsel for applicant and learned counsel for opposite party.
2. Transfer application under Section 24 CPC has been filed seeking transfer of regular suit No. 1088 of 2023 instituted by opposite party for rukhsati/restitution of conjugal rights from district Barabanki to Lucknow.
3. It has been submitted that after being estranged from her husband, the applicant is residing currently at Lucknow with her aged parents and minor son and is finding it difficult to attend to the proceedings at Barabanki.
4. It is submitted that apart from the present case, there are two other cases pending between the parties at Lucknow.
5. It is also submitted that due to incapacity of applicant in attending to the proceedings at Barabanki, orders for ex parte proceedings have already been issued.
6. Learned counsel for opposite party has refuted submissions advanced by learned counsel for petitioner with submission that since maintenance has already been paid to the applicant, she can very well appear in proceedings at Barabanki. It is however not denied that the applicant has a minor son and two other cases between the parties are already pending at Lucknow.
7. In view of submissions advanced by learned counsel for parties, it being evident that the applicant is residing at Lucknow with her parents and minor son and is finding it difficult to attend to the proceedings at Lucknow, the regular suit No. 1088 of 2023 (Mohd. Shadab Sheikh versus Saniya Siddiqui) shall stand transferred before the Family Court at Lucknow.
8. The application stands accordingly allowed. Order Date :- 27.2.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench