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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
SYED QAMAR HASAN RIZVI
Nagendra Sharma – Appellant
Versus
State Of U.P. Through Principal Secretry Home Civil Secretariat Lucknow – Respondent
| Table of Content |
|---|
| 1. application for transfer of family court case. (Para 1 , 2) |
| 2. background of divorce proceedings and recall application. (Para 3 , 4 , 5 , 6) |
| 3. allegations against opposite party and legal history. (Para 7 , 8 , 10 , 11) |
| 4. opposition's contentions against transfer. (Para 12 , 13 , 14 , 15 , 16) |
| 5. court's observations on bias allegations. (Para 18 , 19) |
| 6. criteria for transferring court cases. (Para 20 , 22 , 23) |
| 7. reflection on applicant's motives. (Para 24 , 25) |
| 8. court dismisses the transfer application. (Para 26 , 27 , 28) |
JUDGMENT :
SYED QAMAR HASAN RIZVI, J.
1. Heard Sri Anurag Singh Chauhan, learned counsel for the Applicants; Sri Abhishek Kumar Pandey, learned Additional Chief Standing Counsel along with Sri Mohammad Kaseem, learned Standing Counsel appearing on behalf of the State-opposite party No. 1; and Sri Amrendra Nath Tripathi, learned Senior Advocate assisted by Sri Vijaya Nandan Mani Tripathi, learnedcounsel for the opposite party No.2.
2. By means of the present Application filed under Section 24 of the C.P.C., the Applicants have prayed for the following relief:
"(i) Stay the all proceedings relating Miscellaneous Case No.52/2019, 'Smt. Sarla Sharma
Transfer of divorce proceedings must be substantiated with credible evidence and convenience considerations recognize the wife's situation in marital matters.
The Court established that the balance of convenience is a critical factor in transferring cases under Section 24 of the CPC, prioritizing the plaintiff's right to choose a suitable forum.
In matrimonial cases, the convenience of the wife and the ends of justice are paramount when considering transfer requests under Section 24 of the CPC.
In matrimonial matters, the convenience of the wife is paramount, and petitions should be consolidated to prevent conflicting judgments.
The main legal point established in the judgment is that allegations of intimidation and hostile treatment must be supported by evidence to warrant the transfer of a case. The court also considered t....
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