Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 208 of 2019 Applicant :- Smt. Rashmi Bhatia Opposite Party :- Akash Kalara Counsel for Applicant :- B.N.Singh,Manish Kumar Singh
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the applicant and Shri Dewarshi Kumar Rai, who has stated that he has instructions on behalf of the opposite party.
Office report dated 18.07.2019, 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 28.05.2019.
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 Varanasi to Kanpur Nagar on the ground of convenience.
Additionally in paragraph 14 of the affidavit filed in support of the transfer application, it has been stated the applicant is employed in the bank of Baroda at Kanpur Nagar and she also has to look after her minor daughter and therefore, it is highly inconvenient for her to travel from Kanpur Nagar to Varanasi to attend the proceedings of the case.
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, this Transfer Application is liable to be allowed and is hereby allowed.
Case No. 1836 of 2018 Akash Kalara versus Smt. Rashmi Bhatia pending before the Principal Judge, Family Court, Varanasi shall stand transferred to District Kanpur Nagar, forthwith.
Order Date :- 21.8.2019 sweta Digitally signed by Justice Anjani Kumar Mishra Date: 2019.08.22 14:29:14 IST Reason: Document Owner Location: High Court of Judicature at Allahabad