Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 249 of 2019 Applicant :- Rakhi Devi Opposite Party :- Prashant Kumar Raikwar Alias Sonu Counsel for Applicant :- Vikas Singh
Hon'ble Anjani Kumar Mishra,J.
Office report dated 27.07.2019, which is based on a tracking report states that the notice of this transfer application has been served upon the opposite party. The date fixed for appearance was 26.07.2019.
Despite notice, neither any appearance nor any counter affidavit on behalf of opposite party is available on record.
By means of this transfer application the applicant-wife seeks transfer of a divorce petition filed by the husband at Banda to district- Jalaun on the ground of convenience.
Additionally in the affidavit filed in support of the transfer application, it has been averred that the applicant had filed a complaint case against the opposite party before the Chief Judicial Magistrate, Jalaun at Orai and on coming to know of the same the divorce petition has been filed as a counter blast.
In paragraph 12 of the affidavit it has been averred that distance between the applicant's place of residence in Banda is almost 70 km from the court where the divorece petition is pending in District Jalaun.
These material allegations made in the affidavit filed in support of the transfer application have not been controverted as neither any appearance nor counter affidavit has been filed on behalf of opposite party is available on record.
Under the circumstances, accepting the uncontroverted allegations to be correct, the Transfer Application is liable to be allowed.
Accordingly, I allow the transfer application and direct that Case No. 54 of 2017, Prashant Kumar Raikwar Alias Sonu Versus Smt. Rakhi Devi pending before the Principal Judge, Family Court, Banda shall stand transferred to District Jalaun at Orai forthwith.
Order Date :- 21.8.2019/sweta Digitally signed by Justice Anjani Kumar Mishra Date: 2019.08.22 14:30:22 IST Reason: Document Owner Location: High Court of Judicature at Allahabad