Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 116 of 2019 Applicant :- Anju Opposite Party :- Rajeev Ranjan Jais Counsel for Applicant :- Anshu Chaudhary
Hon'ble Anjani Kumar Mishra,J.
On 19.04.2019, the following order was passed:-
"Office report dated 18.04.2019, which is based on a tracking report states that notice of this transfer application has been delivered to the opposite party. The date fixed for appearance in the notice was 19.04.2019 i.e. today.
Accordingly, list the matter in the next cause list."
Till date, neither any appearance nor any counter affidavit is available on record.
The transfer application seeks transfer of a petition under Section 13 of the Hindu Marriage Act for divorce filed by the husband at Gorakhpur to Agra on the ground of convenience.
The applicant is stated to be residing at Agra. However, the prayer made in the transfer application is for transfer of the divorce petition to District Etah, Firozabad, Kasganj or other district. The transfer is being sought on the ground of financial stringency as also on the ground that the distance between the place of residence of the applicant and Gorakhpur, where the case sought to be transferred is pending, is more than 600 kilometers.
These material allegations made in the affidavit filed in support of the transfer application have not been controverted as no counter affidavit has been filed nor any appearance, put in by the opposite party, despite notice.
The uncontroverted allegations therefore, are to be accepted as correct.
Moreover, 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.
Accordingly, I allow the transfer application and direct that Case No. 801 of 2018 (Rajeev Ranjan Jais Vs. Smt. Anju) pending before the Family Court, Gorakhpur shall stand transferred to District Etah, forthwith as prayed in the transfer application.
Digitally signed by Justice Anjani Kumar Mishra Date: 2019.08.21 16:58:03 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Order Date :- 21.8.2019 Mayank