Court No. - 43
Case :- TRANSFER APPLICATION (CIVIL) No. - 348 of 2021 Applicant :- Smt. Lavi Opposite Party :- Vikram Singh Counsel for Applicant :- Rahul Kumar Sharma Hon'ble Vivek Varma,J.
By the order dated 13.09.2021, service of notice on the opposite party was deemed sufficient.
Despite notice, neither any counter affidavit nor any appearance slip has been filed on behalf of the opposite party.
Heard Sri Rahul Kumar Sharma, learned counsel for the applicant.
This is a transfer application filed by the applicant-wife seeking transfer of Petition No. 2387 of 2019 (Vikram Singh Vs. Smt. Lavi), under Section 13 of Hindu Marriage Act, 1955 filed by the opposite party at Ghaziabad to the Family Court, Hathras.
It is contended that the marriage of the applicant was solemnized with the opposite party on 07.02.2018. It is next contended that the applicant has no independent source of income and since the husband is not even paying any maintenance, she is entitled to have the aforesaid petition transferred from Ghaziabad to the Family Court Hathras. It is also contended that the applicant has instituted the following cases at district Hathras: (i) complaint case under Sections 12, 18, 19,20,22, 23 of the Protection of Women from Domestic Violence Act, 2005, registered as Complaint Case No. 496 of 2019 (Smt. Lavi Vs. Vikram Singh and others); (ii) complaint case under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P.Act, registered as Case No. 503 of 2019 (Smt. Lavi Vs. Vikram Singh & others).
These material allegations made in the affidavit filed in support of the transfer application stands unrebutted in the absence of any counter affidavit. The same is, therefore, necessarily to be accepted as correct.
The husband/opposite party has filed a petition at Ghaziabad against the wife. It is the wife's convenience that, therefore, must be looked at. The circumstances indicated above are sufficient to allow the instant transfer application.
Accordingly, I allow the transfer application and direct that the Petition No. 2387 of 2019 (Vikram Singh Vs. Smt. Lavi), under Section 13 of Hindu Marriage Act, 1955, pending before the Principal Judge, Family Court, Ghaziabad stands transferred to the Competent Court at Hathras forthwith.
Order Date :- 22.9.2021 Lbm/-
Digitally signed by VIVEK VARMA Date: 2021.09.23 16:18:00 IST Reason: Document Owner Location: High Court of Judicature at Allahabad