Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 233 of 2017 Applicant :- Smt. Neha Alias Arpita Opposite Party :- Ankit Tyagi Counsel for Applicant :- Jagdish Prasad Mishra Connected with Case :- TRANSFER APPLICATION (CIVIL) No. - 106 of 2018 Applicant :- Ankit Tyagi Opposite Party :- Neha @ Arpita Counsel for Applicant :- Rajesh Kumar Sharma Counsel for Opposite Party :- Jagdish Prasad Mishra
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the parties.
These two transfer applications have been filed by the wife and husband respectively.
The transfer application of 2017, by the wife, seeks transfer of a divorce petition filed by the husband at Ghaziabad. Its transfer is being sought to District Muzaffarnagar on the ground of convenience.
It has also been averred in the transfer application that earlier in time the wife had instituted a petition under Section 9 for restitution of conjugal rights at Muzaffarnagar and that the husband is appearing in these proceedings.
It has additionally been stated in the affidavit filed in support of the transfer application that the wife had also instituted proceedings under the Domestic Violence Act at Muzaffarnagar and that it was inconvenient for her to attend the proceedings at Ghaziabad situated at a distance of 150 kilometer from Muzaffarnagar, where the applicant was residing.
Transfer Application No. 106 of 2018 is by the husband seeking transfer of the case under the Domestic Violence Act filed at Muzaffarnagar by the wife to Ghaziabad on the ground that in these proceedings and under orders passed therein,the wife is residing at Ghaziabad in accommodation provided by the husband.
On behalf of the husband, it has also been submitted that there is no objection if the cases are transferred to any district adjoining Ghaziabad but in that case both the divorce petitions and the case under the Domestic Violence Act should be transferred at one place. It is also suggested that the matters be transferred to Hapur.
In rejoinder, counsel for the applicant-wife has submitted that the matter should be transferred to Meerut.
Upon a consideration of the submissions and in view of the concession of counsel for the husband, both the transfer applications are allowed.
Case No. 352 of 2017, the divorce petition filed by the husband at Ghaziabad and case no. 14/11 of 2017 filed by the wife under the Domestic Violence Act at Muzaffarnagar shall both stand transferred to District Hapur forthwith as Hapur is closer to Ghaziabad as compared to Meerut.
Both the transfer applications are allowed, as above.
Order Date :- 23.8.2018 Mayank Digitally signed by ANJANI KUMAR MISHRA Date: 2018.08.23 18:28:53 IST Reason: Document Owner Location: High Court of Judicature at Allahabad