Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 3 of 2018 Applicant :- Smt. Pooja Kumari Opposite Party :- Mata Prasad Counsel for Applicant :- Krishna Chandra Pandey Counsel for Opposite Party :- Sheetla Prasad Gound
Hon'ble Anjani Kumar Mishra,J.
Case called out in the revised list.
Counsel for the opposite party has not appeared.
By means of this transfer application, the applicant-wife seeks transfer of the petition under Section 13 of the Hindu Marriage Act for divorce filed by the husband at Bhadohi Gyanpur. Transfer of this case is sought to District Mirzapur on the ground of convenience.
In the affidavit filed in support of this transfer application, it is stated that the applicant is residing at her parental house with her minor child. Allegations of financial stringency have also been raised.
In paragraph 10 of the affidavit filed in support of the transfer application, it has been stated that the proceedings under Section 125 Cr.P.C. have been initiated by the applicant against the opposite party. It has also been stated that the opposite party is contesting the proceedings at Mirzapur.
As regards the allegation in the counter affidavit that an NCR has been lodged by the opposite party, it has been stated that this is a concocted case bereft of any substance and truth and has been lodged only for the purposes of the instance case.
Although, counsel for the applicant states that a counter affidavit has been served upon him and that he has also filed his rejoinder affidavit, this Court finds that no counter affidavit is actually available on record.
I have perused the copy of the counter affidavit served upon the applicant and therein the factum of the pendency of the proceedings under Section 125 Cr.P.C. at Mirzapur is not denied.
In my considered opinion, all cases between the parties are better decided at one place for the sake of convenience of all concerned.
Accordingly, this transfer application is liable to be and is hereby allowed.
Case No. 204 of 2017 (Mata Prasad Vs. Smt. Pooja Kumari) pending before the Principal Judge Family Court Bhadohi Gyanpur shall stand transferred to District Mirzapur, forthwith.
Order Date :- 27.2.2019 Jitendra Digitally signed by ANJANI KUMAR MISHRA Date: 2019.02.28 10:03:44 IST Reason: Document Owner Location: High Court of Judicature at Allahabad