Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 144 of 2017 Applicant :- Smt. Pinki Devi Opposite Party :- Anand Kumar Counsel for Applicant :- Devottam Pandey Counsel for Opposite Party :- Pradeep Kumar Bhardwaj
Hon'ble Anjani Kumar Mishra,J.
Case called out in the revised list. Counsel for the opposite party has not appeared.
I have heard counsel for the applicant.
The instant transfer application is by the wife and seeks transfer of a divorce petition no. 1008 of 2016 (Anand Kumar Vs. Smt. Pinki Devi), filed by the husband at Bulandshahar. Its transfer is being sought to District Ballia.
In paragraph 7 of the affidavit filed in support of the transfer application, it has been averred that the applicant has filed a criminal complaint under Section 498-A IPC read with Section 3/4 Dowry Prohibition Act against the opposite party at Ballia.
In paragraph 9 of the affidavit, it has been averred that the proceedings under Section 125 Cr.P.C. have been initiated by the applicant again at Ballia.
These material allegations stand unrebutted in the absence of a counter affidavit. As stated above, neither has counsel for the opposite party appeared even in the revised call.
Accepting the unrebutted allegations to be correct and since in the considered opinion of this Court, all cases between the parties are better heard and decided at one place for the sake of convenience of all concerned, the transfer application is allowed.
Divorce Petition No. 1008 of 2016 (Anand Kumar Vs. Smt. Pinki Devi) pending before the Principal Judge Family Court Bulandshahar shall stand transferred to District Ballia.
Order Date :- 25.7.2018 Mayank Digitally signed by ANJANI KUMAR MISHRA Date: 2018.07.25 16:12:26 IST Reason: Document Owner Location: High Court of Judicature at Allahabad