Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 31 of 2018 Applicant :- Pooja Kulshrestha Opposite Party :- Kuldeep Kulshreshtha Counsel for Applicant :- Mr Piyush Shukla
Hon'ble Anjani Kumar Mishra,J.
Office report dated 06.02.2018 states that the registered notice of this transfer application sent to the opposite party has been refused by him. Under the circumstances, service of notice upon the opposite party is held to be sufficient.
This is a transfer application by the wife seeking transfer of a case, under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, filed by the husband at Kashganj. Its transfer is sought to District Kanpur Nagar on the ground of convenience.
In paragraph 8 of the affidavit, filed in support of this transfer application, it has been averred that proceedings under Section 125 Cr.P.C. for maintenance has been initiated by the applicant on her own behalf and on behalf of her minor daughter, against the opposite party. This case is pending at Kanpur Nagar.
In my considered opinion, all matters between the parties should be heard and decided at one place, as it would be convenient for all concerned.
Moreover, the convenience of the wife is a very important consideration while dealing with transfer applications in matrimonial matters.
The transfer application therefore, is liable to be and is hereby, allowed.
Case No.134 of 2017 (Kuldeep Kulshreshtha Vs. Smt. Pooja Kulshrestha), pending before the Principal Judge, Family Court, Kashganj shall stand transferred to District Kanpur Nagar, fourthwith.
Order Date :- 27.2.2019 RKM Digitally signed by ANJANI KUMAR MISHRA Date: 2019.02.28 18:05:28 IST Reason: Document Owner Location: High Court of Judicature at Allahabad