Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 499 of 2017 Applicant :- Smt. Priyanka Tyagi Opposite Party :- Prafull Tyagi Counsel for Applicant :- Nalin Kumar (Sharma)
Hon'ble Anjani Kumar Mishra,J.
Heard counsel for the parties.
This transfer application has been filed by the wife for transfer of a divorce petition filed by the husband at Bijnore.
This transfer application has been filed on the ground that both the parties are residing in Delhi and, therefore, it would be convenient for both of them, in case the case is transferred to District Ghaziabad.
Additionally, it has been averred that the father of the opposite party is a practising lawyer at Bijnore and, therefore, it is difficult for the applicant to obtain the services of a competent lawyer at Bijnore.
In rebuttal, counsel for the opposite party has denied the allegation that the applicant is residing in Delhi. His contention is that the opposite party, though employed, works from his residence at Bijnore.
In paragraph 5 of the counter affidavit, it has been submitted that the allegation that the applicant is not getting a proper lawyer at Bijnore is incorrect. She has engaged as many as four lawyers. He further submits that he has no objection to the matter being transferred to any other district but there is no justification why the case should be transferred to District Ghaziabad alone.
In rejoinder, counsel for the applicant with regard to the allegation that the applicant has engaged four counsels has submitted that two of the counsel are regularly practising at Haridwar. The third counsel is a junior counsel.
I have considered the submissions made by counsel for the parties and perused the record.
In my considered opinion and in view of the submissions made by counsel for the parties, especially by counsel for the respondent, it would be appropriate to transfer the proceedings to District Meerut, which is approximately midway between Bijnore and Ghaziabad.
Accordingly, the transfer application is allowed.
Suit No. 290 of 2017 (Prafull Tyagi Vs. Smt. Priyanka Tyagi), pending before the Family Court Bijnore shall stand transferred to District Meerut, forthwith.
Order Date :- 27.3.2018 Mayank ANJANI KUMAR Digitally signed by ANJANI KUMAR MISHRA DN: C=IN, O=Personal, PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3ea0 49885bf64ad5bbb33050e3dfe3e210 927d94f413, SERIALNUMBER=004ee64f25f9f36f MISHRA 85dbdc71f5b0ec1e2f0938431e25db badc93823915b36c6f, CN=ANJANI KUMAR MISHRA Reason: I am the author of this document Location:
Date: 2018-03-28 10:20:39