Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 358 of 2018 Applicant :- Anupam Opposite Party :- Pawan Kumar Mishra Counsel for Applicant :- Pawankumar Dubey,Faiz Ahmad Digitally signed by ANJANI KUMAR MISHRA Date: 2018.09.18 16:49:18 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
Hon'ble Anjani Kumar Mishra,J.
Office report dated 10.09.2018, states that notice of the transfer application has been delivered to the opposite party.
Despite notice neither any appearance nor any counter affidavit on behalf of opposite party has been filed.
By means of this transfer application the applicant-wife, seeks transfer of a petition, under Section 9 of Hindu Marriage Act for restitution of conjugal rights filed by the husband at Farrukhabad. Transfer of this case is sought to District Shahjahanpur on the ground of convenience.
In paragraph 3 of the affidavit filed in support of transfer application, it has been averred that the applicant has lodged a criminal case under Section 498-A, 352, 506 I.P.C. read with Section 3/4 of the Dowry Prohibition Act against the opposite party at Shahjahanpur. She has also instituted proceedings under Section 125 Cr.P.C. against the opposite party at Shahjahanpur and that the petition for Restitution of Conjugal Rights sought to be transferred by this transfer application has been filed thereafter, as a counter-blast.
In the absence of a counter affidavit, these material allegations made in the affidavit filed in support of this transfer application stands un-controverted and must necessarily be accepted as correct.
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. For this reason alone, the transfer application, is liable to be and is hereby allowed.
Case No.19 of 2017, under Section 9 of the Hindu Marriage Act, pending in the Court of Principal Judge, Family Court, Farrukhabad shall stands transferred to District Shahjahanpur, forthwith.
Order Date :- 18.9.2018 Jitendra