Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 26 of 2018 Applicant :- Ruchi @ Dipti Opposite Party :- Gaurav Kumar Gautam Counsel for Applicant :- Mr Sanjai Kumar Rai,Mr Nagendra Kumar Srivastava
Hon'ble Anjani Kumar Mishra,J.
The office report dated 24.04.2018, which is based on a tracking report obtained from the Post Office, states that notice of the transfer application has been delivered upon the opposite party.
Despite notice, neither any appearance nor any counter affidavit has been filed by the opposite party.
This is a transfer application by the wife seeking transfer of a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, filed by the husband at Allahabad. Transfer of this case is sought to District Lucknow on the ground of convenience.
It has been stated in the affidavit filed in support of the transfer application that the applicant is permanently residing at Lucknow. It is also stated that two criminal cases, one under the Domestic Violence Act and the other, registered on a First Information Report of the applicant, are pending at Lucknow as is a third case under Section 125 Cr.P.C. for maintenance filed by the applicant.
In the absence of any counter affidavit, these averments have not been controverted and, therefore, are necessarily to be accepted as correct.
Accordingly and accepting the averments as correct, this transfer application is hereby allowed, as all cases between the parties are better decided at one place.
Case No. 1137 of 2017 (Gaurav Kumar Gautam Vs. Ruchi @ Dipti) pending before the Principal Judge Family Court Allahabad shall stand transferred to District Lucknow, forthwith.
Order Date :- 25.4.2018 Mayank Digitally signed by ANJANI KUMAR MISHRA KUMAR ANJANI DN: C=IN, O=Personal, PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3ea049 885bf64ad5bbb33050e3dfe3e210927d 94f413, SERIALNUMBER=004ee64f25f9f36f85 MISHRA dbdc71f5b0ec1e2f0938431e25dbbadc 93823915b36c6f, CN=ANJANI KUMAR MISHRA Reason: I am the author of this document Location:
Date: 2018-04-25 18:07:51