Smt. Nisha@ Tanu Rawat v. Mahesh Kumar

Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 960 of 2023 Applicant :- Smt. Nisha@ Tanu Rawat Opposite Party :- Mahesh Kumar Counsel for Applicant :- Rajesh Kumar Kanojia,Manoj Kumar Mishra Hon'ble Saral Srivastava,J.

¶1Heard learned counsel for the applicant.

¶2The present application has been filed by the applicant-wife seeking transfer of Case No.1010 of 2022 (Mahesh Kumar Vs. Smt. Nisha@ Tanu Rawat, under Section 9 of Hindu Marriage Act pending in the court of Principal Judge, Family Court, Sultanpur to the competent court at District Allahabad.

¶3Since, the applicant is seeking transfer of aforesaid case from Principal Judge, Family Court, Sultanpur to the competent court at District Allahabad which falls within the territorial jurisdiction of Lucknow Bench of this High Court, therefore, present 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).

¶4Accordingly, the transfer application is dismissed with liberty to applicant to file transfer application before the competent court having jurisdiction. Order Date :- 7.12.2023 Sattyarth High Court of Judicature at Allahabad