Court No. - 35
Case :- TRANSFER APPLICATION (CIVIL) No. - 376 of 2019 Applicant :- Ankita Dubey Opposite Party :- Mithun Dubey Alias Sanny Counsel for Applicant :- J.B. Singh,Awadhesh Kumar Mishra
Hon'ble Rajiv Joshi,J.
Heard Sri Awadhesh Kumar Mishra, learned Counsel for the applicant. No one appears on behalf of the opposite party/respondent even in the revised call.
Service upon the opposite party has been held to be sufficient by way of publication vide order dated 19.02.2021.
The present transfer application has been filed for transferring the Case No.499 of 2018 (Mithun Dubey Vs. Smt. Ankita Dubey), under Section 13 of Hindu Marriage Act pending in the Court of Principal Judge, Family Court, Moradabad to any other District under the jurisdiction of Uttar Pradesh.
In the affidavit filed in support of the application, it is submitted that the applicant is residing at Lucknow and great inconvenience is being caused in attending the proceedings instituted by the respondents at Moradabad.
It is contended by learned Counsel for the applicant that two other cases bearing Case Crime No.324 of 2017, under Sections 498-A, 504, 506, 323 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Asiyana, District Lucknow as well as Case No.1096 of 2017, under Section 12 of Domestic Violence Act are pending at Lucknow in which the respondent is contesting the matter.
Since no counter affidavit has been filed by the respondent in order to controvert the affidavit filed by the applicant, the material allegations made in the affidavit filed in support of this transfer application stand un-rebutted and must necessarily be accepted as correct.
The transfer application is, accordingly, allowed.
The Case No.499 of 2018 (Mithun Dubey Vs. Smt. Ankita Dubey), under Section 13 of Hindu Marriage Act pending in the Court of Principal Judge, Family Court, Moradabad shall stand transferred to the Court of competent jurisdiction to entertain such cases at District Lucknow.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the petitioner alongwith a self attested identity proof of the said person (preferably Aadhar Card).
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.7.2021 S.P.
Digitally signed by Justice Rajiv Joshi Date: 2021.07.29 16:41:50 IST Reason: Document Owner Location: High Court of Judicature at Allahabad