Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 67 of 2019 Applicant :- Aruna Devi Opposite Party :- Umesh Vishwakarma Counsel for Applicant :- Ram Suphal Shukla,Sheetla Prasad Gound
Hon'ble Anjani Kumar Mishra,J.
The office report dated 17.07.2019 states that the notice of this transfer application has been served upon the opposite party.
Despite notice, neither any counter affidavit nor any appearance has been filed on behalf of the opposite party.
By means of this Transfer application, the applicant wife seeks transfer of a petition, under Section 9 of the Hindu Marriage Act for restitution of conjugal rights instituted by husband at Bijnor. Its transfer is being sought to District Allahabad on the ground of convenience, alone.
In paragraph 4 of the affidavit, filed in support of the transfer application, it has been stated that the applicant is the poor financial condition as her father is a retired Government Servant.
It is also stated that there is no nobody to accompany the applicant to Bijnor as her parents are 72 years old.
These material allegations made in the affidavit filed in support of this transfer application stand un-rebutted and must necessarily be accepted, as correct.
Under the circumstances, this transfer application is liable to be and is hereby, allowed.
Case No.710 of 2019, under Section 9 of the Hindu Marriage Act, pending before the Principal Judge, Family Court, Bijnor shall stand transferred to District Allahabad, forthwith.
Order Date :- 31.7.2019 RKM Digitally signed by ANJANI KUMAR MISHRA Date: 2019.07.31 18:33:35 IST Reason: Document Owner Location: High Court of Judicature at Allahabad