Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 227 of 2018 Applicant :- Anju Sharma Opposite Party :- Daya Nidhi Sharma Counsel for Applicant :- Krishna Kumar Shukla,
Hon'ble Anjani Kumar Mishra,J.
Heard.
On 18.07.2018, following order was passed -
"Shri Mayapati Pandey states that he instructions on behalf of the opposite party. He must e-file his vakalatnama and affidavit positively by the next listing.
List this case in the next cause list.
In case, on that date the vakalatnama and counter affidavit are not available on record, the Court shall proceed with the matter on merits even in their absence."
The office has reported that neither any counter affidavit nor any vakalatnama has been filed by Shri Mayapati Pandey on behalf of the opposite party.
This is a Transfer application filed by the wife, seeking transfer of a petition, under Section 13 of the Hindu Marriage Act, filed by the husband at Badaun. Transfer of this case is sought to District Bareilly on the ground of convenience.
Additionally, in paragraph 8 of the affidavit, filed in support of the transfer application, it is averred that an application under Section 125 Cr.P.C. for maintenance has been filed by the applicant at Bareilly, which proceedings is being contested by the opposite party.
In my considered opinion, all cases between the parties are better heard and decided at one place for the sake of convenience of all concerned.
Besides, the assertion that the maintenance proceedings are pending at Bareilly has not been controverted as neither any appearance nor counter affidavit has been filed.
Accordingly, the transfer application is allowed.
Case No.434 of 2017 (Daya Nidhi Vs. Anju Sharma), pending in the Court of Family Judge, Badaun shall stand transferred to District Bareilly, forthwith.
Digitally signed by ANJANI KUMAR MISHRA Date: 2018.07.25 13:41:44 UTC Reason: Document Owner Location: High Court of Judicature at Allahabad Order Date :- 25.7.2018 RKM