Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 253 of 2018 Applicant :- Amrita Gupta Alias Ruchi Opposite Party :- Vipul Gupta Counsel for Applicant :- Vishnu Swaroop Srivastava,Sanjay Shukla Counsel for Opposite Party :- Pawan Kumar Rao,Chandra Bhan Gupta
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the parties.
The instant Transfer application is by the wife, seeking transfer of a Divorce Petition, under Section 13 of the Hindu Marriage Act, filed by the husband at Deoria.
Its Transfer is sought to District Gorakhpur on the ground of convenience and also on the ground that an appeal against an order passed in proceedings under the Domestic Violence Act has been filed by the opposite party at Gorakhpur.
Counsel appearing for the opposite party has opposed the transfer application on the ground that while filing it, the applicant has resorted to material concealment of facts. The opposite party is paying to the applicant a sum of Rs.18,500/- per month in pursuance of the order passed in proceeding under the Domestic Violence Act. A sum of Rs.2,000/- awarded as a litigation expenses on an application, under Section 24 of the Hindu Marriage Act has already been paid and the opposite party is paying a sum of Rs.300/- on each date as litigation expenses to the applicant.
In any case, the distance between Deoria and Gorakhpur is only about 50 kms and there is no justification for this transfer application.
On a pointed query by the Court, counsel for the applicant is willing to fore-go the litigation expenses awarded to the applicant at the rate of Rs.300/- per appearance, in case, this transfer application is allowed. Accordingly and therefore, this transfer application is allowed.
Case No.434 of 2016 (Vipul Gupta Vs. Amrita Gupta Alias Ruchi), under Section 13 of the Hindu Marriage Act, pending before the Principal Judge, Family Court, Deoria shall stand transferred to District Gorakhpur, forthwith, subject to the stipulation that the applicant shall not insist nor will be entitled to on payment payment of Rs.300/- for each date she appears in the proceedings before the transferee Court as granted by the order passed under Section 24 of the Hindu Marriage Act.
Since the various cases between the parties pending at Gorakhpur are before the Family Court, the transferee Court shall endeavour to fix the same date in all pending cases between the parties, at Gorakhpur.
Order Date :- 19.9.2018 RKM Digitally signed by ANJANI KUMAR MISHRA Date: 2018.09.19 16:27:50 IST Reason: Document Owner Location: High Court of Judicature at Allahabad