Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 200 of 2018 Applicant :- Rashmi Chaudhary Opposite Party :- Vipin Chaudhary Counsel for Applicant :- Sushil Kumar Pandey
Hon'ble Anjani Kumar Mishra,J.
The applicant has filed a second supplementary affidavit annexing thereto the copy of the newspaper 'Amar Ujala' dated 8.10.2018 wherein notice of this transfer application has been published pursuant to the orders passed by this Court earlier.
The date fixed in this notice for appearance was 24.10.2018. Neither any counter affidavit nor appearance on behalf of the opposite party available on record despite publication.
This transfer application has been filed by the wife seeking transfer of a divorce petition filed by the husband at Gautam Budh Nagar to Muzaffar Nagar on the ground of convenience.
Additionally, in Paragraph 9 of the affidavit filed in support of the transfer application, it has been averred that the applicant has filed a case under Section 125 Cr.P.C. for maintenance against the opposite party at Muzaffar Nagar. She is also alleged to have filed separate complaint cases against the opposite party under provisions of I.P.C. as also the Domestic Violence Act at Muzaffar Nagar. The ground of financial stringency has also been raised in the affidavit.
These material allegations made in the affidavit filed in support of the transfer application, stands unrebutted as neither any appearance nor counter affidavit has been filed by the parties.
Under the circumstances and accepting the uncontroverted allegation is correct, this transfer application is liable to be allowed. The present transfer application is liable to be allowed also because in my considered opinion, all cases between the parties are better heard and decided in one place for the sake of convenience of all concerned.
For the foregoing reasons, this transfer application is allowed. Divorce Petition No. 52 of 2017 (Vipin Chaudhary Vs. Rashmi Chaudhary) pending before the Principal Judge, Family Court, Gautam Budh Nagar shall stand transferred to District Muzaffar Nagar, forthwith.
Order Date :- 30.10.2018 Kamar Digitally signed by ANJANI KUMAR MISHRA Date: 2018.10.30 17:10:49 IST Reason: Document Owner Location: High Court of Judicature at Allahabad