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Neutral Citation No. - 2025:AHC:41933 Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 609 of 2024 Applicant :- Smt Priyanka Opposite Party :- Ashish Kumar Counsel for Applicant :- Rajpal Singh,Rakesh Kumar Dixit Counsel for Opposite Party :- Atul Kumar Singh,Sanjay Singh Hon'ble Neeraj Tiwari,J.
1. Heard learned counsel for applicant and Sri Sanjay Singh,
learned counsel for respondent.
2. Present application has been filed seeking transfer of Matrimonial Petition No. 103 of 2023 from Hapur to Gautam Buddha Nagar.
3. Learned counsel for applicant submitted that applicant is seeking transfer of Matrimonial Petition No. 103 of 2023 from Hapur to Gautam Buddha Nagar on the ground that she is residing at Gautam Buddha Nagar.
4. Per contra, Sri Sanjay Singh, learned counsel for respondent pointed out that the distance between Hapur to Gautam Buddha Nagar is only 56 kilometers. He further submitted that applicant has also filed application under Section 24 of Hindu Marriage Act in Matrimonial Petition No. 103 of 2023 pending at Hapur, which was allowed vide order dated 18.04.2024. Once the applicant has filed application for maintenance pendente lite and expenses of proceedings, which was allowed awarding Rs. 15,000 counsel fee and legal expenses along with Rs. 500 per appearance, therefore, this transfer application is not maintainable.
5. Learned counsel for applicant could not dispute the aforesaid
facts.
6. Under such facts, once application under Section 24 of Hindu Marriage Act has been allowed granting the maintenance pendente lite and expenses of proceedings, therefore, no relief can be granted to the applicant.
7. Accordingly, present application is dismissed.
Order Date :- 21.3.2025 Sartaj Digitally signed by :- SARTAJ AHMAD High Court of Judicature at Allahabad