Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 449 of 2018 Applicant :- Dali Alias Anupama Sharma Opposite Party :- Prashant Sharma Counsel for Applicant :- Abhishek Rai,Piyush Sinha
Hon'ble Anjani Kumar Mishra,J.
Office report dated 23.10.2018, which is based upon a tracking report states that notice of this transfer application has been duly served upon the opposite party. The notice fixed 22.10.2018 as the date of appearance.
Despite notice, neither any counter affidavit nor any appearance has been filed on behalf of the opposite party.
This is a Transfer application filed by the wife, seeking transfer of a case, under Section 9 of Hindu Marriage Act, for restitution of conjugal rights filed by the husband at Sonebhadra. Transfer of this case is sought to District Allahabad on the ground of convenience.
Additionally, it has been submitted in the affidavit filed in support of the transfer application that the applicant has lodged a case under Section 12 of Protection of Women from Domestic Violence Act, 2005 as also a case of 125 Cr.P.C. for maintenance against the opposite party. Both these cases are pending at Allahabad.
These material allegations stand uncontroverted in the absence of any appearance or counter affidavit of the opposite party.
Under the circumstance and accepting the uncontroverted allegations to be correct, this transfer application is liable to be allowed.
It is also liable to be allowed because all cases between the parties are better heard and decided at one place for the sake of convenience of all concerned.
Accordingly, the transfer application is allowed. Suit No. 285 of 2018 (Prashant Sharma Vs. Dali Alias Anupama Sharma) pending before the Principal Judge, Family Court, Sonebhadra shall stand transferred to district Allahabad, forthwith.
Order Date :- 30.10.2018 Kamar Digitally signed by ANJANI KUMAR MISHRA Date: 2018.10.30 17:10:51 IST Reason: Document Owner Location: High Court of Judicature at Allahabad