Smt. Priya @ Karishma v. Rahul Kumar
Case at a glance
Provisions considered
- Hindu Marriage Act, 1955 s. 13
Key paragraphs
- Para 88. Two weeks' time, thereafter is granted to the applicant for filing rejoinder affidavit.
Judgment
Applicant :- Smt. Priya @ Karishma Opposite Party :- Rahul Kumar Counsel for Applicant :- Anita Mishra, Swadesh Kumar Yadav Hon'ble Kshitij Shailendra,J.
Lawyers are abstaining from work today.
None appears to press this application, however, the Court has perused the matter before it.
The present application has been filed seeking transfer of Divorce Petition No. 643 of 2023, under Section 13 of Hindu Marriage Act from the court of Principal Judge, Family Court, Kannauj to the competent court at Prayagraj (Allahabad).
The transfer has been sought citing inconvenience of the applicant.
In view of the decisions of Supreme Court in the cases of Rajni Kumari v. Raghvinder Sahay alias Babu, (2011) 11 SCC 176, Anjali Ashok Sadhwani v. Ashok Kishinchand Sadhwani, AIR 2009 SC 1374, Fatema v. Jafri Syed Husain (Parvez), AIR 2009 SC 1773, Mona Aresh Goel vs. Aresh Satya Goel, (2000) 9 SCC 255, Sumita Singh vs. Kumar Sanjay and another, (2001) 10 SCC 41 and Vaishali Shridhar Jagtap vs. Shridhar Vishwanath Jagtap, (2016) 14 SCC 356, prima facie case for indulgence stands made out, however, final opinion regarding transfer of the concerned case shall be made only after hearing the other side.
Issue notice to the opposite party. Steps be taken by ordinary post as well as by registered speed post within ten days. In case, steps are not taken, the case shall be listed under Chapter XII Rule 4 of the High Court Rules.
Four weeks' time is granted to the opposite party for filing counter affidavit.
Two weeks' time, thereafter is granted to the applicant for filing rejoinder affidavit.
Till the next date of listing, further proceedings of aforesaid case shall remain stayed.
List this case in February, 2025 before appropriate Bench. Order Date :- 4.11.2024 Sazia
Questions this judgment answers
Which statutory provisions did this judgment involve?
Hindu Marriage Act, 1955 — s. 13.
Which court decided this case, and when?
Allahabad High Court, on 04 Nov 2024. The bench was KSHITI.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.