Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 518 of 2018 Applicant :- Priya Gupta Opposite Party :- Rasik Gupta Counsel for Applicant :- Udai Chandani Counsel for Opposite Party :- Abhishek Tripathi
Hon'ble Anjani Kumar Mishra,J.
Case called out in the revised list. None has appeared for the opposite party.
Counsel for the applicant has produced a notice sought to be served upon counsel for the opposite party.Thereon, an endorsement has been made that notice has been refuse by Shri Abhishek Tripathi, counsel for the opposite party.
The said document be scanned and placed on record.
Vide order dated 12.10.2018, Shri Abhishek Tripathi had been granted 10 days time to file counter affidavit as he had instructions on behalf of the opposite party.
Under the circumstances, the instant transfer application is being heard and decided finally.
This transfer application has been filed by the wife, seeking transfer of a petition, under Section 10 of the Hindu Marriage Act, filed by the husband at Kanpur Nagar. Transfer of this case is sought to District Lucknow on the ground of convenience.
In the affidavit filed in support of the transfer application, the ground of financial stringency has been averred in paragraph 16 while in paragraph 7, it has been stated that a case under Section 498-A, 504 and 506 I.P.C. read with Section 3/4 of the Dowry Prohibition Act has been lodged by the applicant against the opposite party and that case sought to be transferred has been filed thereafter as a counter-blast.
In absence of a counter affidavit, these material allegations made in the affidavit filed in support of this transfer application stand un-controverted and must necessarily be accepted as correct.
The transfer application therefore, is liable to be and is hereby allowed.
Case No.1479 of 2018 (Rasik Gupta vs. Priya Gupta), pending in the Court of Principal Judge, Family Court, Kanpur Nagar shall stand transferred to District Lucknow, forthwith.
Order Date :- 29.10.2018 Jitendra Digitally signed by ANJANI KUMAR MISHRA Date: 2018.10.29 17:25:52 IST Reason: Document Owner Location: High Court of Judicature at Allahabad