Smt. Khushboo Mani Agrawal v. Shivam Jaiswal

Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 239 of 2023 Applicant :- Smt. Khushboo Mani Agrawal Opposite Party :- Shivam Jaiswal Counsel for Applicant :- Santosh Kumar Pandey,Rajnish Kumar Pandey Hon'ble Saral Srivastava,J.

¶1Heard learned counsel for the applicant.

¶2The present application has been filed by the applicant-wife seeking transfer of Matrimonial Case No.197 of 2023 (Shivam Jaiswal Vs. Smt. Khushboo Mani Agrawal), under Section 9 of the Hindu Marriage Act, 1955 pending in the Family Court of Judgeship Lucknow to the Family Court of Judgeship, Bareilly.

¶3Since, the proceeding of the case is pending before the competent Court at Lucknow which comes within the jurisdiction of Lucknow Bench of Allahabad High Court, therefore, this transfer application is not maintainable before the Principal Seat of Allahabad High Court in view of the judgement of this Court passed in the case of Vivek Raj Singh Vs. Civil Judge, Junior Division, Tilhar, Shahjahanpur and Another, 2022 (6) ADJ 488 (LB).

¶4Consequently, the transfer application is dismissed with liberty to the applicant to approach the Lucknow Bench of Allahabad High Court. Order Date :- 2.11.2023 NS High Court of Judicature at Allahabad