Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 10 of 2018 Applicant :- Smt. Neha Opposite Party :- Aalok Tiwari Counsel for Applicant :- Anurag Dubey Hon'ble Anjani Kumar Mishra,J. Hard learned counsel for the applicant.
This is a Transfer application by the wife, seeking transfer of a Case No.14 of 2017 (Aalok Kumar Vs. Smt. Neha Shukla), filed by the husband, under Section 13 of the Hindu Marriage Act, at Gautam Budh Nagar. Its transfer is sought to District Mainpuri on the ground of convenience.
In paragraph 7 of the affidavit, filed in support of the transfer application, it has been averred that a case under the Domestic Violence Act instituted by the applicant is pending consideration at Mainpuri.
In paragraphs 16 and 17 of the affidavit, it has been averred that the applicant is surviving on the pension of her retired mother.
Shri Vipul Shukla holding brief of Shri Subham Yadav, counsel for the opposite party states that he has filed e-filed his counter affidavit and vakalanama. Office report dated 09.03.2018, however, states that no vakalatnama has been filed on behalf of the opposite party.
He submits that primary ground on which, the transfer application was filed is that the brother-in-law of the opposite party had threatened the applicant. He submits that he has filed evidence showing on the date and time of the alleged incident he was on duty in Delhi. He has also submitted that the mother of the applicant is receiving pension in excess of Rs.25,000/- per month.
On a pointed query by the court, counsel for the opposite party admits that a case under the Prevention of Women from domestic violence Act is pending consideration at Mainpuri and that no application has been filed by him for its transfer, outside Manipuri.
I have considered the submissions made by counsel for the parties and perused the record.
In my considered opinion, all the cases between the parties are liable to be heard and decided at one place, which would definitely be convenient for all concerned. On this ground alone and in my considered opinion, this transfer application is liable to be and is hereby, allowed.
Case No.14 of 2017 (Aalok Kumar Vs. Smt. Neha Shukla), filed by the husband, under Section 13 of the Hindu Marriage Act is pending in the Court of Principal Judge, Family Judge, Gautambudh Nagar be transferred to District Mainpuri, forthwith.
Order Date :- 27.3.2018 RKM Digitally signed by ANJANI KUMAR MISHRA MISHRA ANJANI KUMAR DN: C=IN, O=Personal, PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3ea049 885bf64ad5bbb33050e3dfe3e210927d 94f413, SERIALNUMBER=004ee64f25f9f36f85 dbdc71f5b0ec1e2f0938431e25dbbadc 93823915b36c6f, CN=ANJANI KUMAR MISHRA Reason: I am the author of this document Location:
Date: 2018-03-27 18:34:06