Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 237 of 2018 Applicant :- Akanksha Pandey Opposite Party :- Nishant Kumar Upadhadhyay Counsel for Applicant :- Rakesh Prasad
Hon'ble Anjani Kumar Mishra,J.
In this transfer application, registered notice has been sent to the opposite party on 02.09.2018. Office has reported that the notice has not been returned, unserved. Under the circumstances, service of notice is deemed to be sufficient under the High Court Rules.
By means of this transfer application, the applicant wife seeks transfer of a case under Section 13 of the Hindu Marriage Act, for divorce filed by the husband at Varanasi. Transfer of the case is sought to district Mirzapur on the ground of convenience.
Additionally in paragraph 4 of the affidavit filed in support of this transfer application, it has been averred that the applicant is residing with her father at Mirzapur while in paragraph 8, it has been stated that the applicants' father is suffering from major ailment. In paragraph 10 it has been averred that the opposite party is also resident of Mirzapur and that this divorce petitioner has been filed at Varanasi only to harass the applicant.
Theses material averments have not been controverted as no counter affidavit has been filed, non the opposite party has appeared, despite notice. They are, therefore, to be accepted as correct.
Under the circumstances, this transfer application is liable to be and is hereby, allowed.
Case No. 1375 of 2016, (Nishant vs. Akanksha) under Section 13 of the Hindu Marriage Act pending at Varanasi shall stand transferred to Mirzapur, forthwith.
Order Date :- 18.9.2018 Priyanka Digitally signed by ANJANI KUMAR MISHRA Date: 2018.09.18 15:49:52 IST Reason: Document Owner Location: High Court of Judicature at Allahabad