Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 9 of 2018 Applicant :- Smt. Omeshwari Gupta Opposite Party :- Manoj Kumar Gupta Counsel for Applicant :- Satyendra Pandey
Hon'ble Anjani Kumar Mishra,J.
The office report dated 26.02.2018, which is based upon a tracking report obtained from the postal authorities states that the notice of this transfer application has been duly served upon the opposite party.
Despite notice, neither any counter affidavit nor any appearance has been filed on behalf of the opposite party.
This is a Transfer application by the wife, seeking transfer of Case No.659 of 2017 (Manoj Kumar Gupta Vs. Smt. Omeshwari Gupta), under Section 9 of the Hindu Marriage Act, filed by the husband, for restitution of conjugal rights, at Jhansi. Transfer of this case is sought to District Gorakhpur on the ground of convenience.
In the affidavit, filed in support of the transfer application, it has been averred that a case under Section 125 Cr.P.C. for maintenance, instituted by the applicant, is pending consideration at Gorakhpur and the application for restitution of conjugal rights has been filed only to harass the applicant.
In absence of a counter affidavit, these material allegations made in the affidavit filed in support of this transfer application stand un-controverted and must necessarily be accepted, as correct.
Under the circumstances, the transfer application is allowed Case No.659 of 2017 (Manoj Kumar Gupta Vs. Smt. Omeshwari Gupta), under Section 9 of the Hindu Marriage Act, pending in the Court of Principal Judge, Family Court, Jhansi, shall stand transferred to District Gorakhpur, forthwith.
Order Date :- 27.2.2018 RKM ANJANI KUMAR Digitally signed by ANJANI KUMAR MISHRA DN: C=IN, O=Personal, PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3ea04 9885bf64ad5bbb33050e3dfe3e2109 27d94f413, SERIALNUMBER=004ee64f25f9f36f MISHRA 85dbdc71f5b0ec1e2f0938431e25dbb adc93823915b36c6f, CN=ANJANI KUMAR MISHRA Reason: I am the author of this document Location:
Date: 2018-02-27 16:44:43