Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:13372 Court No. - 19 Case :- TRANSFER APPLICATION (CIVIL) No. - 279 of 2024 Applicant :- Anita Gupta Opposite Party :- Atul Kumar Gupta Counsel for Applicant :- Anupam Rastogi Counsel for Opposite Party :- Rajiv Raman Srivastava Hon'ble Manish Mathur,J.
1. Heard learned counsel for applicant and Mr. Prince Singh, Advocate holding brief on behalf of Mr. Rajiv Raman Srivastava, learned counsel for opposite party.
2. On 11.12.2024, the following order had been passed:-
"Heard learned counsel for applicant. Issue notice to opposite party returnable at an early date. Application has been filed under section 24 of the Code of Civil Procedure seeking transfer of Civil Misc. Case No. 91 of 2023 instituted by opposite party under the Guardian and Wards Act. The transfer is sought from the Family Court, Sitapur to Family Court, Shahjahanpur. It has been submitted that applicant is the maternal grand mother of child and is facing great difficulty in attending to the case in Sitapur since she is a permanent resident of Shahjahanpur. It is submitted that the child is also residing with her. In view of aforesaid, time is granted to the opposite party to file objections. List this case on 15.01.2025 alongwith service report. Till next date of listing, proceedings of Civil Misc. Case No. 91 of 2023 (Atul Kumar Gupta versus Anita Gupta) under the Guardian and Wards Act pending in the Court of Principal Judge, Family Court, Sitapur to Principal Judge, Family Court, Shahjahanpur shall remain stayed. "
3. Learned counsel for opposite party has refuted
submissions advanced by learned counsel for applicant with the submission that there is no need of transferring the case. It is submitted that applicant was married to the daughter of applicant who passed away due to suicide on 25.07.2022
since she was suffering from bipolar neurological disease whereafter the aforesaid case for custody of minor child has been filed by the applicant.
4. A perusal of objections filed by opposite party indicate that statement has been made that the case is in the last stages but learned counsel for parties admit that it is being listed for orders and for evidence.
5. In view of uncontroverted averments made in the application and in view of judgment rendered by Hon'ble the Supreme Court in the case of N.C.V. Aishwarya versus A. S. Saravana Karthik, 2022 SCC Online SC 1199, the Civil Misc. Case No. 91 of 2023 (Atul Kumar Gupta versus Anita Gupta) under the Guardian and Wards Act pending in the Court of Principal Judge, Family Court, Sitapur stands transferred to Principal Judge, Family Court, Shahjahanpur. The court concerned is directed to decide the aforesaid proceedings expeditiously without granting any undue adjournment to either party.
6. The application therefore stands allowed.
Order Date :- 5.3.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench