Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 243 of 2019 Applicant :- Sanjana Opposite Party :- Pradeep Kumar Counsel for Applicant :- Satyendra Narayan Singh Digitally signed by Justice Anjani Kumar Mishra Date: 2019.08.22 14:30:39 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
Hon'ble Anjani Kumar Mishra,J.
Office report dated 01.08.2019, 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 22.07.2019.
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 petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights filed by the husband at Meerut to Ghaziabad on the ground of convenience.
Additionally in paragraph 11 of the affidavit filed in support of the transfer application, it has been averred that proceedings under Section 125 Cr.P.C. instituted by the applicant against the opposite party are pending consideration at Ghaziabad and also a divorce petition under Section 13, both of which are pending before Principal Judge Family Court, Ghaziabad.
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 and since in my considered opinion, all cases between the parties are better heard and decided at one place for the sake of convenience of all concerned, the Transfer Application is liable to be allowed.
Accordingly, I allow the transfer application and direct that Case No. 2152 of 2018, Pradeep Kumar Versus Smt. Sanjana pending before the Principal Judge, Family Court, Meerut shall stand transferred to District Ghaziabad, forthwith.
Order Date :- 21.8.2019 sweta