Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 84 of 2018 Applicant :- Manju Gutam Opposite Party :- Mukesh Kumar Counsel for Applicant :- Arvind Kumar Tiwari,Dharmendra Kumar Nirankari Counsel for Opposite Party :- Rama Goel Bansal
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the parties.
This transfer application has been filed by the wife seeking transfer of a divorce petition filed by the husband at Jhansi. Transfer of this case is sought to district Allahabad.
The contention of counsel for the applicant is that the applicant was born in Allahabad and has a house at Allahabad and, therefore, the case instituted against her are liable to be transferred at Allahabad.
In paragraph 5 of the affidavit filed in support of the transfer application, it has been averred that the applicant is a teacher in Central Hindu Girls School Kamachha, Varanasi.
This Court fails to understand as to why one who is permanently employed and residing in Varanasi in connection with her employment, is seeking transfer of cases to Allahabad. Such an approach in my considered opinion, defies logic.
The contention of learned counsel for the opposite party is that the transfer application is an attempt to harass him. He is in any case, residing in West Bengal in connection with his employment.
On a pointed query by the Court, learned counsel for the applicant could not give any cogent explanation as to why transfer of the case is sought to district Allahabad.
Under the circumstances, this transfer application does not appear to be bona fide and is accordingly, dismissed.
MISHRA Order Date :- 22.2.2018 Priyanka ANJANI KUMAR Digitally signed by ANJANI KUMAR MISHRA DN: C=IN, O=Personal, PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3ea049885 bf64ad5bbb33050e3dfe3e210927d94f413 , SERIALNUMBER=004ee64f25f9f36f85db dc71f5b0ec1e2f0938431e25dbbadc93823 915b36c6f, CN=ANJANI KUMAR MISHRA Reason: I am the author of this document Location:
Date: 2018-02-22 11:55:30