Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 315 of 2018 Applicant :- Keerti Rastogi (Keerti Bundela) Opposite Party :- Manish Rastogi Counsel for Applicant :- Ekansh Varma
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the parties.
The matter had earlier come up before this Court on 14.08.2018, when the following order has been passed:-
"Brief holder of Shri Anil Srivastava, Advocate states that he has instructions on behalf of the opposite party.
List this case in the next cause list by which time, power and counter affidavit by the opposite party should be available on record failing which, this Court may proceed with the matter on its merits even in their absence."
The instant transfer application is by the wife and seeks transfer of a divorce petition filed by the husband at Gautam Budh Nagar to District Jhansi on the ground of convenience.
Additionally, it has been averred in the transfer application that the applicant has instituted a case under Section 125 Cr.P.C. for maintenance against the opposite party at Jhansi as also a case under Section 12 of the Domestic Violence Act.
In paragraph 9 of the affidavit, it has been stated that the opposite party has filed two cases under Section 25 of the Guardians and Wards Act, 1890 at Jhansi.
Counsel who states that he has instructions on behalf of the opposite party and also states that he has been unable to file his power and counter affidavit as a digital signature could not be procured by him, when ask to address the Court on the merits in accordance with the counter affidavit that has been prepared by him, his only answer is that the senior counsel is out of station. Therefore, he is not in a position to make any submissions on merits.
In my considered opinion and especially in view of the order dated 16.07.2018, this Court there exists no justification for adjourning this matter.
Besides, in my considered opinion, all cases between the parties are better heard and decided at one place for the convenience of all concerned. Moreover, there is no denial regarding pendency of the aforementioned three cases filed by the applicant at Jhansi. For this reason alone, this transfer application is liable to be and is hereby allowed.
Case No. 103 of 2017 (Manish Rastogi Vs. Keerti Rastogi) pending before the Principal Judge Family Court, Gautam Budh Nagar shall stand transferred to District Jhansi, forthwith.
Order Date :- 21.8.2018 Mayank Digitally signed by ANJANI KUMAR MISHRA Date: 2018.08.21 17:17:50 IST Reason: Document Owner Location: High Court of Judicature at Allahabad