Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:1152 Court No. - 19 Case :- TRANSFER APPLICATION (CIVIL) No. - 219 of 2023 Applicant :- Nisha Devi Opposite Party :- Ajay Kumar Pathak Counsel for Applicant :- Ashish Kumar Tiwari,Abdhesh Chandra Dwivedi,Arvind Kumar Mishra Hon'ble Manish Mathur,J.
1. Heard learned counsel for applicant. 2. On 19.10.2023, the following order had been passed:-
"1. Heard learned counsel for the applicant. 2. This application under Section 24 of CPC has been filed for transfer of Case No.925 of 2023 filed by the respondent under Section 9 of Hindu Marriage Act (Ajay Kumar Pathak Vs. Nisha Devi) pending in the court of Principal Judge, Family Court, Jaunpur to the court of competent jurisdiction at Ayodhya. 3. It has been stated that marriage between the applicant and respondent was solemnized on 23.1.2019 but owing to more demand of dowry the respondent and his family members tortured and harassed the applicant and finally ousted her out of her matrimonial house on 24.5.2023. Consequently, the applicant filed a maintenance case on 16.6.2023 which was registered as Case No.230 of 2023 at Family Court, Ayodhya. Thereafter, the respondent has also instituted aforesaid case for divorce under Section 9 of Hindu Marriage Act against the applicant at Family Court, Jaunpur bearing case No.925 of 2023 on 3.8.2023. 4. It is submitted on behalf of the applicant that the applicant is a lonely lady having no source of income, as such, it is very difficult for her to go to Jaunpur on each date of hearing to prosecute the case and also that there is threat to her life there. It is in aforesaid circumstances that the applicant has prayed for transfer of divorce case to Ayodhya from Jaunpur. 5. Issue notice to the respondent. Steps be taken within ten days. 6. List on 6.12.2023. 7. Till the next date of listing, the proceedings of Case No.925 of 2023 filed by the respondent under Section 9 of Hindu Marriage Act (Ajay Kumar Pathak Vs. Nisha Devi) pending in the court of Principal Judge, Family Court, Jaunpur, shall remain stayed."
3. As per office report dated 06.01.2025, notice sent to the sole opposite party has been received by his cousin and therefore service of notice has been deemed sufficient. 4. However, no-one has put in appearance on behalf of opposite party. 5.
In view of submissions advanced by learned counsel for applicant as noticed in order dated 19.10.2023, proceedings in Case No.925 of 2023 (Ajay Kumar Pathak Vs. Nisha Devi)
pending in court of Principal Judge, Family Court, Jaunpur shall stand transferred to the court of competent jurisdiction at Ayodhya. 6. The application therefore stands allowed. Order Date :- 7.1.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench