Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 313 of 2018 Applicant :- Nidhi Jain Opposite Party :- Vibhore Jain Counsel for Applicant :- Pramod Kumar Srivastava,Mukul Tripathi Counsel for Opposite Party :- Anurag Upadhyaya
Hon'ble Anjani Kumar Mishra,J.
Counsel for the applicant states that he does not propose to file any counter affidavit.
Accordingly I am deciding the revision finally, after hearing counsel for the parties.
This is a transfer application by the wife seeking transfer of a case under Section 13 of the Hindu Marriage Act for divorce filed by the husband at Meerut. Transfer of this case is sought to district Ghaziabad on the ground of convenience as it is alleged that the applicant has to take care of a minor child. It has been stated that as many as four other cases between the parties are pending consideration at Ghaziabad.
In rebuttal, counsel for the opposite party has contended that transfer of a divorce petition in the year 2016 shall cause additional harassment to the opposite party and, therefore, the transfer application is liable to be rejected.
On a pointed query by the Court, counsel for the opposite party has stated that an application under Section 24 for interim maintenance is pending consideration in the divorce petition.
This Court is of the considered opinion, that all cases between the parties should be decided at one place which would be convenient for all concerned.
Under the circumstances, this transfer application is liable to be and is hereby, allowed.
Case No. 862 of 2016, (Vibhor Jain vs. Nidhi Jain) under Section 13 of the Hindu Marriage Act pending at Meerut shall stand transferred to Ghaziabad, forthwith.
Order Date :- 24.8.2018 Priyanka Digitally signed by ANJANI KUMAR MISHRA Date: 2018.08.24 14:40:49 IST Reason: Document Owner Location: High Court of Judicature at Allahabad