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2025 DAILYLAW 203514 (ALL)

Saloni v. Alok Kumar

TACL/242/2023 · 2025-12-18

Prashant Kumar

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW TRANSFER APPLICATION (CIVIL) No. - 242 of 2023 Court No. - 19 HON'BLE PRASHANT KUMAR, J. 1. Heard learned counsel for the parties. 2 Present transfer application has been preferred for transfer of Original Suit No. 3781 of 2022 (Alok Kumar Vs. Saloni) under Section 13 of Hindu Marriage Act, pending in the Court of Principal Judge, Family Court, Lucknow to the court of competent jurisdiction at Allahabad (Prayagraj). 3. This Court had passed the following order on 16.09.2025:- "I.A. No.06 of 2025. 1. This is an application for recall of the order dated 26.05.2025. 2. Cause shown in the affidavit filed in support of the application for recall is sufficient. 3. The application is allowed. 4. The order dated 26.05.2025 is recalled. The application is restored on its original number. Order on Application 5. Both the parties are present before this court. Versus Counsel for Applicant(s) : Shailender Singh, Mohammad Alishah Faruqi, Mohit Verma Counsel for Opposite Party(s) : Rajesh Kumar, Shivam Pandey Saloni .....Applicant(s) Alok Kumar .....Opposite Party(s) 6. Considering the dispute between the parties, the matter is referred to a mediator centre, Lucknow. Both parties shall appear before the Mediation centre, Lucknow. The learned mediator shall make efforts for mediation and submit its report within two months. 7. List this case after two months. 8. Till then, the proceedings of Original Suit No. 3781 of 2022 (Alok Kumar Vs. Saloni), pending in the Court of Principal Judge, Family Court, Lucknow, shall remain stayed. 4. As per Office Report dated 15.12.2025, mediation report has been uploaded with e-file. As per mediator's report dated 12.12.2025, mediation between the parties has failed. 5. In view of uncontroverted averments made in the application and in view of judgement 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 and particularly in view of specific statement that the applicant does not have any independent source of income due to which she is finding difficulty in attending the proceedings at Lucknow coupled with the fact that two cases i.e. one under Section 125 CrPC and second under Section 12 of Domestic Violence Act arising out of the same dispute are pending in different courts of Allahabad (Prayagraj), Original Suit No. 3781 of 2022 (Alok Kumar Vs. Saloni) under Section 13 of Hindu Marriage Act, pending in the Court of Principal Judge, Family Court, Lucknow shall stand transferred to the Family Court at Allahabad (Prayagraj). 6. The application therefore stands allowed. December 18, 2025 Raj TACL No. 242 of 2023 2 (Prashant Kumar,J.) Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench