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2025 DAILYLAW 169815 (ALL)

SMT. LALITA KAUR v. PUSHPIT BHATIA AND ANR.

/263/2023 · 2025-01-31

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:6875 Court No. - 19 Case :- TRANSFER APPLICATION (CIVIL) No. - 263 of 2023 Applicant :- Smt. Lalita Kaur Opposite Party :- Pushpit Bhatia And Anr. Counsel for Applicant :- Manish Misra Counsel for Opposite Party :- Syed Asaghar Mehdi,Manish Mani Tripathi Hon'ble Manish Mathur,J. 1. Heard Mr. Manish Misra learned counsel for applicant. Despite specific order of this court on 22nd January, 2025, no one has put in appearance on behalf of opposite party No.1, the application is therefore being decided ex parte against opposite party No.1. 2. Application under Section 24 CPC has been filed seeking transfer of case No. 572 of 2023, Pushpit Bhatia versus Lalita Kaur instituted by opposite party No.1 under Section 9 of Hindu Marriage Act from Family Court, Gonda to Lucknow. 3. Learned counsel for applicant submits that the applicant is a handicapped lady without any independent source of income and is actually residing at Lucknow due to which she is facing difficulty in attending to the case at Gonda. It is also submitted that aspects of applicant being partially handicapped has also been admitted in the counter affidavit filed by opposite party No.1. Although it is admitted that the minor son is residing with opposite party No.1. 4. In view of aforesaid submissions and particularly the admission on the part of the opposite party No.1 that the applicant is partially handicapped and in view of dictum of Hon'ble Supreme Court in the case of N.C.V. Aishwarya versus A. S. Saravana Karthik, 2022 SCC Online SC 1199, case No. 572 of 2023, Pushpit Bhatia versus Lalita Kaur shall stand transferred from Family Court Gonda to Family Court Lucknow. 5. The application accordingly stands allowed. Order Date :- 31.1.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench