Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 152 of 2018 Applicant :- Himanshi Sharma Opposite Party :- Siddharth Kaushik Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- Firoz Haider
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the parties.
This is a transfer application filed by the wife, seeking transfer of a case under Section 13 of the Hindu Marriage Act, for divorce filed by the husband at Saharanpur. Transfer of the case is sought to district Ghaziabad on the ground of convenience as also on the ground that pendency of other cases between the parties at Ghaziabad which cases have been instituted by the applicant against the opposite party.
Additionally it has been submitted before this Court that the distance between Saharanpur and Ghaziabad is at least 150 kms and that recently the applicant has given birth a premature child, therefore, also convenience lies in her favour.
Counsel for the opposite party states that the opposite party is working at Uttrakhand. It has very fairly been stated on behalf of the opposite party that in case this transfer application is liable to be allowed, it be allowed, taking into view convenience of the opposite party also.
In view of the what has been stated above, this Court is of the considered opinion, transfer of a divorce petition to Meerut from Saharanpur, would serve the interest of justice, especially looking into the convenience of both the parties.
Under the circumstances, this transfer application is allowed. Case No. 186 of 2018, under Section 13 of the Hindu Marriage Act pending at Saharanpur is hereby transferred to Meerut.
Order Date :- 31.10.2018 Priyanka Digitally signed by ANJANI KUMAR MISHRA Date: 2018.10.31 18:01:43 IST Reason: Document Owner Location: High Court of Judicature at Allahabad