Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 318 of 2018 Applicant :- Kshama Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Shekhar Chaudhary connect with Case :- TRANSFER APPLICATION (CRIMINAL) No. - 299 of 2018 Applicant :- Kashama Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Shekhar Chaudhary Counsel for Opposite Party :- G.A.
Hon'ble Anjani Kumar Mishra,J. Heard learned counsel for the parties.
This Transfer application by the wife, seeks transfer of a Divorce Petition, under Section 13 of the Hindu Marriage Act filed by husband at Meerut. Transfer of this case is sought to District Agra on the ground of convenience as also pendency of the other cases between the parties at Agra.
Office report dated 24.09.2018, which is based on a tracking report states that the notice of this transfer application has been served upon the opposite party.
Despite notice, neither any appearance nor counter affidavit on behalf of opposite party is available on record.
In paragraph 21 of the affidavit, filed in support of the transfer application, it has been stated that the proceedings under Section 125 Cr.P.C. for maintenance filed by the applicant are pending consideration at Agra.
The arguments on the basis of which, convenience of the applicant is alleged, in case, the case is transferred to Agra, are to be found in paragraphs 14 and 15 of the affidavit filed in support of this transfer application.
In absence of a counter affidavit, these material allegations made in the affidavit filed in support of this transfer application stand un-rebutted and must necessarily be accepted, as correct.
Under the circumstances, this transfer application is liable to be and is hereby, allowed.
Divorce Petition No.2058 of 2017 (Vishal Dev Singh Vs. Smt.Kshama), under Section 13 of the Hindu Marriage Act, pending before the Principal Judge, Family court, Meerut, shall stand transferred to District Agra, forthwith.
In the connected TRANSFER APPLICATION (CRIMINAL) No. - 299 of 2018, notices had been issued to the opposite party vide order dated 01.08.2018.
Office report states that counsel for the applicant has not supplied copies of the transfer application for service upon the opposite party therein.
Under the circumstances, no orders can be passed in this transfer application.
The same be listed before the appropriate Bench.
Order Date :- 31.7.2019 RKM Digitally signed by ANJANI KUMAR MISHRA Date: 2019.08.07 15:37:50 IST Reason: Document Owner Location: High Court of Judicature at Allahabad