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2025 DAILYLAW 169585 (ALL)

Smt. Rashmi Singh v. Navneet Singh Gaur

/275/2024 · 2025-01-31

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6680 Court No. - 19 Case :- TRANSFER APPLICATION (CIVIL) No. - 275 of 2024 Applicant :- Smt. Rashmi Singh Opposite Party :- Navneet Singh Gaur Counsel for Applicant :- Rajendra Prasad Yadav Counsel for Opposite Party :- Aishwarya Pratap Singh,Manish Kumar Yadav,Vivek Kumar Divedi Hon'ble Manish Mathur,J. 1. Heard Mr. Rajendra Prasad Yadav, learned counsel for applicant and Mr. Aishwarya Pratap Singh, learned counsel for opposite party. 2. Application under Section 24 of the Code of Civil Procedure, 1908 has been filed seeking transfer of Suit No.1307 of 2023 instituted by opposite party under Section 13 of Hindu Marriage Act from Family Court, Hardoi to District Lucknow. 3. It is submitted that the applicant is residing at Lucknow without any independent source of income and is finding it difficult to attend the case at Hardoi in view of fact that applicant as well as opposite party are lawyers and the applicant is facing intimidation in attending to case at Hardoi. 4. Learned counsel for opposite party has refuted the submissions advanced by learned counsel for applicant with the submission that the application has been filed with concealment of facts inasmuch as that applicant is not a house wife but is self-employed as a Lawyer and therefore has not come with clean hands. 5. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is evident that applicant has indicated in memorandum of application that she is a house wife. However, opposite party has brought on record her registration certificate indicating her to be a practising lawyer. 6. In the considered opinion of this court, the aspect of misrepresentation is evident in the application. 7. However, it is also admitted between the parties that both the applicant as well as opposite party are Lawyers with the applicant practising at Lucknow and opposite party practicing at Hardoi. Merely by means of registration as a lawyer, it cannot be assumed that the applicant is earning enough to cover expenses for attending to case filed against her at Hardoi. 8. In view of judgment rendered by Hon'ble the Supreme Court in N.C.V. Aishwarya v. A.S. Saravana Karthik reported in 2022 SCC Online SC 1199, the proceedings of Suit No.1307 of 2023(Navneet Singh Gaur v. Rashmi Singh) pending in the Court of Principal Judge, Family Court, District Hardoi stands transferred to Court of competent jurisdiction at Lucknow. 9. The Application therefore stands allowed. 10. The Family Court is directed to decide the aforesaid proceedings expeditiously without granting undue adjournments to either party. Order Date :- 31.1.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench