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2025 DAILYLAW 169273 (ALL)

Gladys Basil Sharma v. Ravi Basil Sharma

TACL/260/2024 · 2025-04-16

Jaspreet Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21363 Court No. - 8 Case :- TRANSFER APPLICATION (CIVIL) No. - 260 of 2024 Applicant :- Gladys Basil Sharma Opposite Party :- Ravi Basil Sharma Counsel for Applicant :- Aditya Mishra,Rohit Kumar Singh Hon'ble Jaspreet Singh,J. Heard learned counsel for the applicant. None appears for the respondent. The record indicates that as per the office report dated 13.1.2025 notice on the respondent was sufficient. A coordinate Bench of this Court by means of the order dated 27.02.2025 had noticed that the service on the respondent is sufficient and in case if he does not appear or file his objection the matter shall be heard in his absence. Despite the same neither objection has been filed nor the respondent had put in appearance, accordingly, the Court has proceeded to hear the learned counsel for the applicant. Submission is that on account of matrimonial fall out the respondent has initiated proceedings seeking divorce which is engaging the attention of Family Court Bahraich registered as matrimonial Case no.906 of 2023 (Ravi Basil Sharma vs Gladys Basil Sharma) of the Indian Christian Marriage Act, 1872. It is urged that the petitioner is residing at Agra and she has initiated proceedings under Section 125 Cr.P.C before the Principal Judge/Family Court at Agra wherein it is alleged by the applicant that a sum of Rs.10,000/- has been awarded however, there is nothing on record to substantiate the aforesaid statement, and it is further stated that it is not feasible for the petitioner to attend the proceedings at Bahraich which is more than 350 kms. Considering the facts and circumstances of the case and also there is none to oppose the same this Court is of the opinion that the ends of justice can be met by directing the transfer of Case no.906 of 2023 pending before the Principal Judge/ Family Court, Bahraich to the Principal Judge/ Family Court, Agra. Upon receipt of record from the said Family Court, Bahraich, the same shall be connected with the matter along with Case no.1672 of 2023 (Gladys Basil Sharma vs Ravi Basil Sharma) under Section 125 Cr.P.C and the court concerned shall endeavour to decide the same after affording full opportunity of hearing to the parties but without granting any unnecessary adjournment to any of the parties preferably from ten months from the date a copy of this order is placed along with record. With the aforesaid, the application is allowed. Costs are made easy. Order Date :- 16.4.2025/Harshita Digitally signed by :- HARSHITA High Court of Judicature at Allahabad, Lucknow Bench