Case :- TRANSFER APPLICATION (CIVIL) No. - 37 of 2018 Applicant :- Meena Saini Opposite Party :- Omesh Saini Counsel for Applicant :- Mr Deepak Rana,Deepak Rana Counsel for Opposite Party :- Ramesh Pundir,Ramesh Pundir
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the parties.
This is a Transfer application by the wife, seeking transfer of a Divorce Suit No.222 of 2016 (Omesh Saini Vs. Meena Saini), under Section 13 of the Hindu Marriage Act, filed by the husband at Hapur.
Its transfer is sought to District Bulandshahar on the ground that the applicant is now residing at Bulandshahar. The other ground for seeking transfer is that the opposite party and his elder brother are lawyers practising at Hapur.
Counsel appearing for the opposite party has submitted that earlier in time, proceedings under Section 125 Cr.P.C. had been instituted by the applicant herself, at Hapur. These proceedings have culminated in an order in her favour. Since the applicant on earlier instituted proceedings for maintenance at Hapur itself, which have been decided finally, this Court does not find any justification for transfer of the instant case, which had been instituted at Hapur. Besides, the contention of counsel for the opposite party is that the maintenance awarded is regularly paid to the applicant.
On a query by the Court, it has emerged that the elder brother was a practising lawyer at Hapur, even during the period when the proceedings under section 125 Cr.P.C., were contested and decided at Hapur. As far as, the opposite party is concerned, he is stated to have joined the bar after the proceedings, under Section 125 Cr.P.C. were decided. The opposite party therefore, is a very junior lawyer.
Under the circumstances, this Court does not find any justification to transfer of the case from Hapur merely on the ground that the opposite party and his elder brother are practising lawyers. The mere fact that the proceedings under Section 125 Cr.P.C. were decided in favour of the applicant, prima facie shows that no undue influence was exercised by the opposite party or his brother in these proceedings.
find any good ground for allowing this transfer application, which is therefore, dismissed.
Order Date :- 28.3.2018 RKM ANJANI KUMAR Digitally signed by ANJANI KUMAR MISHRA DN: C=IN, O=Personal, PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3ea04 9885bf64ad5bbb33050e3dfe3e2109 27d94f413, SERIALNUMBER=004ee64f25f9f36f MISHRA 85dbdc71f5b0ec1e2f0938431e25dbb adc93823915b36c6f, CN=ANJANI KUMAR MISHRA Reason: I am the author of this document Location:
Date: 2018-03-29 10:25:42