Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 254 of 2017 Applicant :- Smt. Meera Dubey Opposite Party :- Durgesh Dubey Counsel for Applicant :- Brij Bhushan Pandey
Hon'ble Anjani Kumar Mishra,J.
Office report dated 10.09.2018 based upon a tracking report, reveals that the notice sent to the opposite party has been delivered.
Despite notice, neither counter affidavit nor any appearance have been filed on behalf of the opposite party.
This is a transfer application filed by the wife, seeking transfer of a case under Section 9 of the Hindu Marriage Act, for restitution of conjugal rights, and in the alternative for divorce, filed by the husband at Mau. Transfer of the case is sought to district Ghazipur on the ground of convenience.
In paragraph 12 of the affidavit in support of this transfer application, it has been averred that proceedings under Section 125 Cr.P.C. instituted by the applicant against the opposite party are pending consideration at Ghazipur.
This material averment has not been controverted as no counter affidavit has been filed, nor the opposite party has appeared, despite notice. They are, therefore, to be accepted as correct.
Under the circumstances, this transfer application is liable to be and is hereby, allowed.
Case No. 240 of 2016, (Durgesh vs. Meera) under Section 9 of the Hindu Marriage Act pending at Mau shall stand transferred to Ghazipur, forthwith.
Order Date :- 18.9.2018 Priyanka Digitally signed by ANJANI KUMAR MISHRA Date: 2018.09.18 15:49:50 IST Reason: Document Owner Location: High Court of Judicature at Allahabad