Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 290 of 2019 Applicant :- Pooja Barnwal Opposite Party :- Anurag Barnwal Counsel for Applicant :- Girdhar Prasad Tripathi
Hon'ble Anjani Kumar Mishra,J.
Office report dated 09.08.2019, states that opposite party has refused to accept the registered notice sent to him.
Under the circumstances, service of notice upon the opposite party is held to be sufficient.
By means of this transfer application, the applicant-wife seeks transfer of a divorce petition filed by the husband at Deoria to Ballia on the ground of convenience.
Additionally in paragraph 10 of the affidavit filed in support of the transfer application, it has been averred that proceedings under Section 125 Cr.P.C. instituted by the applicant against the opposite party are pending consideration at Ballia and also that she has to take care of her minor daughter.
These material allegations made in the affidavit filed in support of the transfer application have not been controverted as neither any appearance nor counter affidavit filed on behalf of opposite party is available on record.
Under the circumstances, accepting the uncontroverted allegations to be correct and since in my considered opinion, 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 liable to be allowed.
Accordingly, I allow the transfer application and direct that Case No. 666 of 2018 Anurag Barnwal versus Pooja Barnwal pending before the Principal Judge, Family Court, Deoria shall stand transferred to District Ballia, forthwith.
Order Date :- 21.8.2019 sweta Digitally signed by Justice Anjani Kumar Mishra Date: 2019.08.22 14:29:48 IST Reason: Document Owner Location: High Court of Judicature at Allahabad