Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 193 of 2018 Applicant :- Geeta Devi Opposite Party :- Sushil Kumar Counsel for Applicant :- Kripa Shanker,Mahendra Kumar Counsel for Opposite Party :- Ashok Kumar Singh
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the parties.
This is a Transfer application by the wife, seeking transfer of a Divorce Petition, filed by the husband at Jaunpur. Transfer of this case is sought to District Bhadohi on the ground that the applicant is a Head Mistress of a Primary School in Gyanpur District Bhadohi.
Additionally, it has been contended that a maintenance case under Section 125 Cr.P.C., a case under Section 12 of the Domestic Violence Act as also a criminal case in an F.I.R. under Sections 323, 307, 504, 506 and 147 IPC lodged by her are pending at Bhadohi.
On a query by the Court, in view of the averments made in paragraph 8 of the affidavit filed in support of the transfer application, wherein it has been stated that the parental house of the applicant is in District Sonebhadra and paragraph 13, wherein it has been stated that the Civil Court Jaunpur is stated at a distance of 50 Kms from the place of posting of the applicant, the submission of counsel for the applicant is that the applicant resides at Bhadohi.
No specific averment has been made in this regard in the affidavit but from he documents annexed with the transfer application, it seems that the place of residence of the applicant is Gyanpur, District Bhadohi.
The contention of counsel for the opposite party is referring to the allegations in paragraph 15 of the affidavit is that the transfer application has been filed on false allegations. In paragraph 15 of the affidavit, it has been averred that the life of the applicant is at risk as the opposite party is creating a hindrance in her appearance in the case sought to be transferrred.
He has submitted that the transfer application was filed before the applicant had appeared in the divorce petition. In any case, all the cases stated to have been filed by the applicant are on dates subsequent to the filing of the divorce petition and these are false and concocted cases filed to create a ground for transfer of the divorce petition.
In so far as, the criminal case under Sections 323, 307, 504, 506 and 147 IPC is concerned, he has submitted that Section 307 had been invoked only to ensure that the applicant is sent to jail. The charge sheet that has been filed is not one under Section 307. Although, there was no allegations for any demand of dowry, yet the police in collusion with one Om Prakash Yadav, with whom, the applicant has illicit relations has filed the charge sheet also under Section 498-A IPC. The said Om Prakash Yadav is employed in the police department and at the relevant point of time was posted in the office of the Superintendent of Police, Bhadohi.
In view of the rival submissions and since the cases filed by the applicant, at Bhadohi, are subsequent in time to the divorce petition sought to be transferred and since the distance between Bhadohi and Jaunpur is only 50 kms, this Court does not find any justification for allowing the transfer application.
Although from the documents annexed with the transfer application, it appears that the applicant is residing at Bhadohi, but there is no justification why this was not categorically averred in the transfer application and the affidavit filed in support thereof. Lack of this categorical assertion an oath, casts a doubt on the case of the applicant.
It would be relevant to reiterate that the averment in the affidavit filed in support of the transfer application is merely that Jaunpur is situated at a distance of 50 Kms from the place, the applicant is posted.
For the reasons given above, this transfer application does not appear to be bonafide and is accordingly, dismissed.
Order Date :- 26.7.2018 RKM Digitally signed by ANJANI KUMAR MISHRA Date: 2018.07.30 17:06:37 IST Reason: Document Owner Location: High Court of Judicature at Allahabad