SEEMA DUBEY Vs. PRINCIPAL JUDGE FAMILY COURT LUCKNOW

JUDGEMENT

(1.) O. P. Srivastava, J. This is an application by Smt. Seema Dubey purported to be under Section 24 of the Code of Civil Procedure praying that Regular Suit No. 397 of 2006, Shri Kant Dubey v. Seema Dubey, under Section 13 of the Hindu Marriage Act, be transfered from the Court of Principal Judge, Family Court, Lucknow to the Court of competent jurisdiction at Jaunpur.

(2.) THE office has raised following objection regarding maintainability of the application: "s. R. has to submit that this application is not maintainable in this Hon'ble High Court at Allahabad. It should be filed at Lucknow Bench. "

(3.) THE matter of jurisdiction has to be examined in light of the above facts, provision of law and the judgment of Hon'ble Supreme Court rendered in Sri Nasiruddin v. State Transport Appellate Tribunal, (1975) 2 SCC 671, in regard to the jurisdiction at Lucknow and Allahabad in relation to High Court. Hon'ble Supreme Court in the said case has held that the case falling within the jurisdiction at Lucknow are to be presented at Lucknow and not at Allahabad. Relevant portions of the said judgment are extracted herebelow to facilitate the proper appreciation : ". . . . . . . . . . THE conclusion as well as the reasoning of the High Court that the permanent seat of the High Court is at Allahabad is not quite sound. . . . . . . . . . . . . . . A case falling within the jurisdiction of Judges at Lucknow should be presented at Lucknow and not at Allahabad. . . . . . . . . . . . . . . A case pertaining to the jurisdiction of the Judges at Lucknow and presented before the Judges at Allahabad, cannot be decided by the Judges at Allahabad in absence of an order contemplated by the second proviso to Article 14 of the Amalgamation Order, 1948. "