Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 37 of 2019 Applicant :- Awartika Dwivedi Opposite Party :- Asit Dwivedi Counsel for Applicant :- Abhishek Tripathi Counsel for Opposite Party :- Arvind Srivastava
Hon'ble Anjani Kumar Mishra,J.
Case called out in the revised list.
Counsel who has filed appearance on behalf of opposite party on 07.03.2019 has not appeared neither any counter affidavit by him is available on record.
The instant transfer application by the wife seeks transfer of a divorce petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights filed by the husband at Etawah to Kanpur Nagar on the ground of convenience and pendency of other cases between the parties at Kanpur Nagar.
Additionally in paragraph 17 of the counter affidavit it has been stated that case No. 961 of 2018 filed by the applicant under Section 125 Cr.P.C. is pending consideration at Kanpur Nagar apart from other cases.
These material allegations made in the affidavit filed in support of the transfer application stands unrebutted in the absence of any counter affidavit. The same is therefore, necessarily to be accepted as correct.
Besides in my considered opinion all cases between the parties are better heard and decided at one place for the convenience of all concerned I accordingly, allow the transfer application and direct that Case No. 451 of 2018, Asit Dwivedi versus Awartika Dwivedi pending in the court of Principal Judge Family Court, Etawah shall stand transferred to District Kanpur Nagar, forthwith subject to the stipulation that the transferee court shall ensure that identical dates are fixed in transferred case as also the proceedings under Section 125 Cr.P.C. between the parties at Kanpur Nagar.
Order Date :- 31.7.2019 sweta Digitally signed by ANJANI KUMAR MISHRA Date: 2019.08.02 11:01:30 IST Reason: Document Owner Location: High Court of Judicature at Allahabad