Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 57 of 2019 Applicant :- Nazma Opposite Party :- Shakir Counsel for Applicant :- Ray Sahab Yadav Counsel for Opposite Party :- Fakhruzzaman
Hon'ble Anjani Kumar Mishra,J.
Learned counsel for the applicant states that he does not proposes to file any rejoinder affidavit as nothing of substance have been stated in the counter affidavit served upon him.
Accordingly I have proceeded to hear counsel for the parties.
The instant transfer application by the wife seeks transfer of a divorce petition under Section 281, Mahomedan Law, for restitution of conjugal rights instituted by the husband at Jalaun at Orai to District Jhansi on the ground of convenience.
Additionally in paragraph 6 of the transfer application it has been averred that the applicant had filed the case under Section 125 Cr.P.C. wherein an application under Section 126(2) of the Criminal Procedure Code filed by the opposite party is pending consideration at Jhansi. It is therefore, stated that since opposite party is already contesting some proceedings at Jhansi even the petition for restitution of conjugal rights is liable to be transferred to Jhansi.
The pendency of the proceedings of the aforesaid case under the Criminal Procedure Code has not been specifically denied in paragraph 5 of the counter affidavit. Under the circumstances, the averments made in paragraph 6 of the transfer application stand admitted.
Moreover, in my considered opinion all cases between the parties are better heard and decided at one place for the convenience of all concerned and for this reason alone this transfer application is liable to be and is hereby allowed.
Case No. 98/2018, Shakir vs. Smt. Nazma pending in the court of Principal Judge Family Court, Jalaun shall stand transferred to District Orai, forthwith.
Order Date :- 31.7.2019 sweta Digitally signed by ANJANI KUMAR MISHRA Date: 2019.08.02 11:01:16 IST Reason: Document Owner Location: High Court of Judicature at Allahabad