Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 493 of 2018 Applicant :- Mamta Gupta Opposite Party :- Kapil Gupta Counsel for Applicant :- Ajay Kumar Mishra,Vishal 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 two cases, one a petition under Section 9 of the Hindu Marriage Act and the other a divorce petition under Section 13 of the said Act filed by the husband at Bijnor to District Moradabad on the ground of convenience.
Additionally in paragraphs 10 and 11 of the affidavit filed in support of the transfer application, it has been averred that the applicant has instituted a case under Section 125 Cr.P.C. for maintenance for herself and her minor daughter at Moradabad as also a case under Section 12 of the Domestic Violence Act against the opposite party. Both these cases are pending consideration at Moradabad.
It has also been averred that the applicant is financially incapable. Therefore, it is highly inconveinent for her to attend the proceedings at Bijnore.
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. 813 of 2017 (Kapil gupta vs. Mamta Gupta) which is under Section 9 and 13 of the Hindu Marriage Act pending before the Family Court, Bijnore shall stand transferred to District Moradabad, forthwith.
Order Date :- 25.2.2019/sweta
Digitally signed by ANJANI KUMAR MISHRA Date: 2019.02.25 18:34:53 IST Reason: Document Owner Location: High Court of Judicature at Allahabad