Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 136 of 2019 Applicant :- Ashu Grover Opposite Party :- Colonel Ajay Grover Counsel for Applicant :- Rishabh Agarwal
Hon'ble Anjani Kumar Mishra,J.
Office report dated 25.04.2019, which is based on a tracking report states that the notice of this transfer application has been served upon the opposite party. The date fixed for appearance was 26.04.2019.
Despite notice, neither any appearance nor any counter affidavit has been filed on behalf of the said opposite party.
By means of this transfer application, the applicant-wife seeks transfer of a divorce petition, filed by the husband at Allahabad to Gautam Budh Nagar on the ground of convenience.
Additionally, in paragraph 12 of the affidavit filed in support of the transfer application, it has been averred that since the applicant has to take care of her daughter, it is highly inconvenient for her to attend the proceedings at Allahabad from Gautam Budh Nagar.
In paragraph 14, allegations of non availability of good counsel at Allahabad has also been raised.
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. 1659 of 2017 (Colonel Ajay Grover Vs. Smt. Ashu Grover) pending before the Principal Judge, Family Court, Allahabad shall stand transferred to District Gautam Budh Nagar, forthwith.
Digitally signed by Justice Anjani Kumar Mishra Date: 2019.08.21 16:57:57 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Order Date :- 21.8.2019 Mayank