Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 25 of 2018 Applicant :- Preeti Alias Preetam Kaur Opposite Party :- Prince Alias Gurmeet Singh Counsel for Applicant :- Mr Naresh Chandra Nishad,Antariksha Verma,Shri Antariksha Verma
Hon'ble Anjani Kumar Mishra,J.
The office report dated 23.04.2018, which is based upon a tracking report obtained from the postal authorities states that the notice of this transfer application has been duly served upon the opposite party.
Despite notice, neither any counter affidavit nor any appearance has been filed on behalf of the opposite party.
This is a Transfer application by the wife, seeking transfer of Case No.540 of 2016 (Prince alias Gurmeet Singh Vs. Smt. Preeti alias Preetam Kaur), filed by the husband, under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, at Moradabad.
Transfer of this case is sought to District Gorakhpur on the ground of convenience.
In paragraph 9 of the affidavit filed in support of the transfer application, it was averred that a case for maintenance, under Section 125 Cr.P.C. has been filed by the applicant at Gorakhpur. Another case under Section 12 of the Domestic Violence Act, filed by the applicant is also pending before the Additional Chief Judicial Magistrate, Gorakhpur.
It has also been averred that the applicant is residing with her parents at Gorakhpur and is on the verge of starvation as she has no independent source of income In the absence of a counter affidavit, these material allegations made in the affidavit filed in support of this transfer application stand un-rebutted and must necessarily be accepted, as correct.
Under the circumstances, the transfer application is allowed Case No.540 of 2016 (Prince alias Gurmeet Singh Vs. Smt. Preeti alias Preetam Kaur), filed by the husband, under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, pending in the Court of Principal Judge, Family Court, Moradabad, shall stand transferred to District Gorakhpur forthwith.
Order Date :- 24.4.2018 / RKM ANJANI KUMAR Digitally signed by ANJANI KUMAR MISHRA DN: C=IN, O=Personal, PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3ea049 885bf64ad5bbb33050e3dfe3e210927d 94f413, SERIALNUMBER=004ee64f25f9f36f85 MISHRA dbdc71f5b0ec1e2f0938431e25dbbadc 93823915b36c6f, CN=ANJANI KUMAR MISHRA Reason: I am the author of this document Location:
Date: 2018-04-24 16:08:06