Extracted from the PDF above. The PDF is authoritative.
Court No. - 8 Case :- TRANSFER APPLICATION (CIVIL) No. - 229 of 2024 Applicant :- Ankita Verma Opposite Party :- Sarvesh Kumar Counsel for Applicant :- Shiv Kumar Soni,Pragati Mehrotra Counsel for Opposite Party :- Shailesh Kumar Hon'ble Jaspreet Singh,J.
1. Heard learned counsel for the petitioner and Shri Shailesh Kumar, learned counsel for the respondent.
2. A preliminary objection has been raised by
learned counsel for the respondent indicating that this Court at Lucknow does not have the territorial jurisdiction to entertain this petition under Section 24 C.P.C. inasmuch as the prayer made by the petitioner would indicate that proceedings under Section 13 of the Hindu Marriage Act, which is pending before the Principal Judge, Family Court at Kanpur, is sought to be transferred before the appropriate court at Lucknow.
3. A specific query was put to learned counsel for the petitioner regarding maintainability of this petition at Lucknow and in response, it has been submitted that since the petitioner is a lady and she is residing at Lucknow and she has moved an application for transfer for getting the matrimonial
suit to Lucknow coupled with the fact that she does not have a robust family support and without any male member, it is not feasible for the petitioner to contest the proceedings at Kanpur and in the aforesaid circumstances, the petition is maintainable at Lucknow.
4. It has also been urged that a Co-ordinate Bench of this Court by means of order dated 25.10.2024 while issuing notice to the respondent, had also granted interim relief and in the aforesaid background, the petition is maintainable before this Court.
5. Having considered the aforesaid submissions and noticing the law laid down by this Court in Vivek Raj Singh Vs Civil Judge Junior Division Tihar Shahjahanpur and another reported in 2022 (6) ADJ 488 and also in a subsequent decision of a Co-ordinate Bench of this Court in Smt. Shivika Upadhyay Vs. Pushpendra Trivedi (Transfer Application (Civil) No.674 of 2024 decided on 8.11.2024, it would be clear that this Court would not have the territorial jurisdiction to entertain the petition for transfer.
6. In view thereof, the petition is dismissed leaving it open for the petitioner to approach the High Court at Prayagraj.
7. It is made clear that this Court has declined to entertain the petition only on the ground of lack of territorial jurisdiction and has not adverted to any plea of the petitioner on merits which shall be considered by the appropriate court concerned before whom any transfer application is preferred.
8. Interim order granted earlier, shall stand discharged.
Order Date :- 1.4.2025 Shukla Digitally signed by :- ASHUTOSH KUMAR SHUKLA High Court of Judicature at Allahabad, Lucknow Bench