Court No. - 43
Case :- TRANSFER APPLICATION (CIVIL) No. - 4 of 2021 Applicant :- Anjum Nisha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lal Chandra Mishra Counsel for Opposite Party :- G.A.,Om Prakash Hon'ble Vivek Varma,J.
By order dated 30.7.201, the opposite party was granted last opportunity to file the counter affidavit.
Today, when the instant matter is taken in the revised called no one has appeared on behalf of opposite party nor any counter affidavit has been filed on his behalf.
Heard learned counsel for the applicant.
This transfer application has been filed by the wife-applicant seeking transfer of Petition No.174 of 2019 (Mohammad Khan vs. Smt. Anjum Nisha) filed by the husband-opposite party, under Section 2 of Dissolution of Muslim Marriage Act, 1939 pending before the Court of Principal Judge Family Court, Hamirpur, District Hamirpur to the competent Court at District Banda.
Learned counsel for the applicant submitted that the applicant has no independent source of income. The applicant is not getting any maintenance from the opposite party and as such it is not possible for her to travel from District Banda to District Hamirpur to contest the proceedings instituted by the opposite party. It is further contended that the applicant has instituted following cases at District Banda: (i) F.I.R. under Section 498- A, 323, 504, 506 I.P.C., and 3/4 D.P. Act, P.S. Sumerpur, District Hamirpur, registered as Case Crime No. 297 of 2019, in which charge-sheet has been submitted and the case is pending consideration before the competent court; (ii) application under Section 125 Cr.P.C. for maintenance.
The transfer of the case is being sought on the ground of convenience as well as pendency of other cases at District Banda.
These material allegations made in the affidavit filed in support of the transfer application stand unrebutted in absence of any counter affidavit. the same are, therefore, necessarily to be accepted as correct.
The opposite party/ husband has filed petition against the wife at Hamirpur. It is the wife's convenience that, therefore, must be looked at. The circumstances indicated above are sufficient to allow the instant transfer application.
Accordingly, I allow the transfer application and direct that Petition No.174 of 2019 (Mohammad Khan vs. Smt. Anjum Nisha) filed by the husband-opposite party, under Section 2 of Dissolution of Muslim Marriage Act, 1939 pending before the Court of Principal Judge Family Court, Hamirpur, District Hamirpur shall stand transferred to the competent Court at District Banda forthwith.
Order Date :- 22.9.2021 S.S.
Digitally signed by VIVEK VARMA Date: 2021.09.23 17:43:55 IST Reason: Document Owner Location: High Court of Judicature at Allahabad