Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 480 of 2018 Applicant :- Kirti Koshta Opposite Party :- Ravi Koshta Counsel for Applicant :- Uday Bhan,Kuldeep Singh
Hon'ble Anjani Kumar Mishra,J.
Office report dated 15.02.2019, which is based on a tracking report states that the notice of this transfer application has been served upon the opposite party. The date fixed for appearance of the opposite party on the said notice was 18.02.2019.
Despite service of notice, neither any appearance nor any counter affidavit has been filed on behalf of the said opposite party.
By means of this transfer application the applicant' wife, seeks transfer of a divorce petition filed by the husband at Jhansi to District Kanpur Nagar on the ground of convenience.
Additionally in paragraph 8 of the affidavit filed in support of the transfer application, it has been averred that the proceeding under Section 127 Cr.P.C. at the instance of applicant are pending against opposite party at Kanpur Nagar as is a case under the provisions of Domestice Violence Act. It has also been averred that the distance from Jhansi to Kanpur Nagar is 250 kilometers and that the applicant is residing with her father at Kanpur Nagar. Therefore, it is highly inconveinent for her to attend the proceedings at Agra.
These material allegations made in the affidavit filed in support of the transfer application have not been controverted as no counter affidavit has been filed nor any appearance, put in by the opposite party, despite notice.
The uncontroverted allegations therefore, are to be accepted as correct. Besides, all cases between the parties are better heard and decided at one place for the sake of convenience of all concerned.
Accordingly, I allow the transfer application and direct that Case No. 505 of 2018 (Ravi Koshta Vs. Kirti Koshta) pending before the Family Court, Jhansi shall stand transferred to District Kanpur Nagar, forthwith.
Order Date :- 25.2.2019 sweta Digitally signed by ANJANI KUMAR MISHRA Date: 2019.02.25 18:34:05 IST Reason: Document Owner Location: High Court of Judicature at Allahabad