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2025 DAILYLAW 168156 (ALL)

Aarti Vimal v. Dilip Kumar

TACL/237/2024 · 2025-03-07

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14059 Court No. - 19 Case :- TRANSFER APPLICATION (CIVIL) No. - 237 of 2024 Applicant :- Aarti Vimal Opposite Party :- Dilip Kumar Counsel for Applicant :- Harendra Pratap Singh Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant. 2. Notice to opposite party had been issued earlier and as per office report dated 06.12.2024, notice has been served personally by opposite party and therefore service is sufficient. However, no one has put in appearance on behalf of opposite party and therefore the application is being decided ex parte. 3. Application under Section 24 of the Code of Civil Procedure has been filed seeking transfer of Case No. 174 of 2024 instituted by opposite party under Section 9 of the Hindu Marriage Act from District Lucknow to District Unnao. 4. It has been submitted that two other cases are already pending between the parties in District Unnao and applicant after being estranged with her husband is residing at Unnao with her parents but having no independent source of income and without receiving any maintenance, she is finding a difficult to attend to the proceedings at Lucknow. 5. In view of uncontroverted averments made in affidavit filed in support of application and in view of judgment rendered by Hon'ble Supreme Court in the case of N.C.V. Aishwarya versus A. S. Saravana Karthik, 2022 SCC Online SC 1199, the Case No. 174 of 2024 (Dilip Kumar versus Smt. Aarti Vimal) pending in the Court of Principal Judge, Family Court, District Lucknow hereby stands transferred to Family Court in District Unnao. 6. The application, therefore, stands allowed. Order Date :- 7.3.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench