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2025 DAILYLAW 166985 (ALL)

Deeksha Saini v. Saurabh Kumar Saini

TACL/226/2024 · 2025-04-17

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21751 Court No. - 8 Case :- TRANSFER APPLICATION (CIVIL) No. - 226 of 2024 Applicant :- Deeksha Saini Opposite Party :- Saurabh Kumar Saini Counsel for Applicant :- Krishna Kumar Singh Counsel for Opposite Party :- Deo Prakash Srivastava,Shrawan Kumar Yadav Hon'ble Jaspreet Singh,J. None appears for the petitioner. Shri Deo Prakash Srivastava, learned counsel for the respondent has put in appearance. The record indicates that even on 07.04.2025, none has put in appearance on behalf of the petitioner and the Court had passed the following order which reads as under:- "None appears for the petitioner. Shri Deo Prakash Srivastava, learned counsel for the respondent is present. In the interest of justice, the matter is passed over. List this case on 17.4.2025. In case if the learned counsel for the petitioner does not appear on the next date, no further adjournment would be made and the the matter shall be decided on its own merit." By means of the instant petition, the petitioner seeks transfer of case No.1024 of 2022 filed under section 9 of the Hindu Marriage Act pending before the Principal Judge, Family Court, Gorakhpur to be transferred to the appropriate court in District Hardoi. Despite the fact that the petitioner has not appeared nor the counsel his present. However, this Court looking into the prayer finds that the petition of the petitioner is not maintainable and this aspect of the matter has been noticed by this Court in Vivek Raj Singh Vs. Civil Judge Junior Division Tilhar Shahjahanpur and another in TACL No.57 of 2019 decided on 21.04.2022. In view thereof, the petition is dismissed for want of territorial jurisdiction. In case if any cause survive to the petitioner, it will be open for her to move appropriate application before the court having jurisdiction. Order Date :- 17.4.2025 ank Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad, Lucknow Bench