Neutral Citation No. - 2023:AHC-LKO:36944

Court No. - 18

Case :- TRANSFER APPLICATION (CIVIL) No. - 84 of 2023

Applicant :- Noor Fatima

Opposite Party :- State Of U.P. Through Principal Secretary, Home

Department, Civil Secretariat, Lucknow And Anr.

Counsel for Applicant :- Gaurav Shukla,Saroj Kumar Shukla

Counsel for Opposite Party :- Murtaza Hasnain Khan,Mohd.Imran,Syed Fazal

Abbas Rizvi

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the parties.

This is an application for transfer filed under Section 24 of Code of Civil

Procedure, 1908 seeking transfer of the Suit For Restituion of Conjugal Rights

(Rukhsati) bearing Case No. 858 of 2022 (Syed. Mohd. Danish Vs. Noor

Fatima) from the Court of Principal Judge, Family Court, Ambedkar Nagar,

from Ambedkar to any Competent Court at Lucknow.

Learned counsel for the applicant stated applicant is residing with her minor

daughter, who is studying, at Lucknow and the applicant has also instituted a

case under Section 125 Cr.P.C. registered as Case No. 1270 of 2019 (Noor

Fatima & Anr. Vs. Syed. Mohd. Danish) which pending in the Family Court,

Lucknow. It is also stated that the case in issue is pending at Ambedkar Nagar

which is about 200 km away from Lucknow. In these circumstances, the

application is liable to be allowed.

The aforesaid fact has not been disputed by learned counsel for opposite parties.

Considering the aforesaid, this Court is of the view that the application for

transfer of the applicant is liable to be allowed.

Accordingly, it is allowed. The case for Suit For Restitution of Conjugal Rights

(Rukhsati) bearing Case No. 858 of 2022 (Syed. Mohd. Danish Vs. Noor

Fatima) pending in the Court of Principal Judge, Family Court, Ambedkar

Nagar, be transferred to the Court of Principal Judge, Family Court, Lucknow

within a period of two weeks from the date production of certified copy of this

order before the Court concerned along with necessary documents etc.

Order Date :- 24.5.2023

Mohit Singh/-

Digitally signed by :-

MOHIT SINGH

High Court of Judicature at Allahabad,

Lucknow Bench