Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 352 of 2018 Applicant :- Pragya Mishra Opposite Party :- Prateek Bajpai Counsel for Applicant :- Ashutosh Sharma
Hon'ble Anjani Kumar Mishra,J.
On 04.09.2018, the following order has been passed in the transfer application:-
"Office report dated 01.09.2018 states that notice of this transfer application has been delivered to the opposite party on 25.08.2018.
Since the date of appearance fixed in the notice is 04.09.2018 namely today, list this matter in the next cause list."
Despite notice, neither counter affidavit nor any appearance have been filed on behalf of the opposite party.
This is a transfer application filed 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 Agra. Transfer of the case is sought to district Auraiya on the ground of convenience.
Additionally, it has been averred that a criminal case under Section 498-A, 323, 376, 511 IPC and 3/4 of the D.P. Act has been lodged by the applicant against the opposite party. The said case is still under investigation.
It has also been averred that the applicant is an assistant teacher in a primary school and is residing at Auraiya and, therefore, it is not possible for the applicant to attend the court proceedings at Agra.
Theses material averments have not been controverted as no counter affidavit has been filed, non the opposite party has appeared, despite notice. They are, therefore, to be accepted as correct.
Under the circumstances, this transfer application is liable to be and is hereby, allowed.
Case No. 895 of 2017, (Prateek Bajpai vs. Pragya Mishra) under Section 9 of the Hindu Marriage Act pending at Agra shall stand transferred to Auraiya, forthwith.
Order Date :- 18.9.2018 Priyanka Digitally signed by ANJANI KUMAR MISHRA Date: 2018.09.18 15:49:55 IST Reason: Document Owner Location: High Court of Judicature at Allahabad