Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 480 of 2017 Applicant :- Poonam Opposite Party :- Girish Narayan Rai Counsel for Applicant :- Manoj Kumar Singh
Hon'ble Anjani Kumar Mishra,J.
On 30.01.2018 the following order has been passed:-
"Shri Gyanendra Prakash Srivastava, Advocate has appeared and states that he has instructions on behalf of opposite party. He prays for time to file has appearance and also counter affidavit.
He is granted four week's time time to file counter affidavit.
Until further orders, further proceedings in Case No. 144 of 2017 (Girish Narayan Rai Vs. Poonam), pending before the Principal Judge, Family Court, Mau, shall remain stayed."
Shri Gyanendra Prakash Srivastava, who had appeared on the previous occasion has not filed, either his appearance or any counter affidavit. This Court is proceeding to hear the transfer application finally as, despite notice, none has appeared nor any counter affidavit has been filed.
This transfer application has been filed by the wife seeking transfer of a case for divorce filed by the husband at Mau to district Ballia on the ground of convenience.
In paragraph 10 of the affidavit filed in support of the transfer application it has been stated that proceedings under Section 125 Cr.P.C instituted by the applicant are pending consideration at Ballia.
In paragraph 11 it has been averred that the divorce petition has been filed after receipt of the notice of the maintenance case.
In paragraph 12 it has been stated that the applicant was also instituted a case under the Prevention of Domestic Violence Act against the opposite party which is also pending consideration at Ballia.
Material allegations contained in paragraphs 10 to 12 of the supporting affidavit have not been controverted as no counter affidavit has been filed. They are therefore, to be necessarily accepted as correct.
Accordingly this transfer application is allowed.
MISHRA Case No. 144 of 2017 (Girish Narayan Rai Vs. Poonam), under Section 13 of the Hindu Marriage Act, pending at Mau, is hereby transferred to Ballia.
Order Date :- 28.2.2018 Priyanka ANJANI KUMAR Digitally signed by ANJANI KUMAR MISHRA DN: C=IN, O=Personal, PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3ea049885bf6 4ad5bbb33050e3dfe3e210927d94f413, SERIALNUMBER=004ee64f25f9f36f85dbdc7 1f5b0ec1e2f0938431e25dbbadc93823915b36 c6f, CN=ANJANI KUMAR MISHRA Reason: I am the author of this document Location:
Date: 2018-02-28 16:23:29