Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 270 of 2018 Applicant :- Sadhna Singh Opposite Party :- Aniket Singh Counsel for Applicant :- Dhruv Sen Singh
Hon'ble Anjani Kumar Mishra,J. Case called out in the revised list. Heard counsel for the applicant.
On 27.07.2018, the following order has been passed:-
"The following order was passed on 20.08.2018 -
"A statement has been made that Shri R.C. Singh, Advocate has instructions on behalf of the opposite party.
List in the next cause list, by which time, the power as also counter affidavit must necessarily be available on record.
It is made clear that on the next date fixed, this Court may proceed to decide this transfer application on its merit, even if the power and counter affidavit have not been e-filed."
Today, Shri M.D. Shukla, holding brief of Shri R.C. Singh seeks two days further time in this regard. Time prayed for is granted.
Put up on 30.07.2018."
The office has reported that neither any power nor any counter affidavit has been filed on behalf of the opposite party. None has appeared today.
The instant transfer application filed on behalf of the wife, seeks transfer of a divorce petition filed by the husband at Kushi Nagar to Deoria on the ground of convenience.
In paragraph 8 of the affidavit filed in support of the transfer application, it has been stated that the applicant is residing with her disabled father in village Bheaur in District Deoria while her brother is employed in Ghaziabad and, therefore, it is inconvenient for her to attend the proceedings at Kushi Nagar.
Since, neither any appearance nor counter affidavit has been filed by the opposite party, these material allegations remained un-controverted and must be accepted as correct.
Accepting the un-controverted affidavit of the applicant, this transfer application is liable to be and is hereby allowed.
Case No. 397 of 2017 (Aniket Singh Vs. Smt. Sadhna Singh), pending before the Family Court, Kushi Nagar shall stand transferred to District Deoria, forthwith.
Order Date :- 30.7.2018 Mayank Digitally signed by ANJANI KUMAR MISHRA Date: 2018.07.30 15:25:07 IST Reason: Document Owner Location: High Court of Judicature at Allahabad