Case :- TRANSFER APPLICATION (CIVIL) No. - 272 of 2018 Applicant :- Seema Devi Opposite Party :- Ravi Kumar Counsel for Applicant :- Ekansh Varma,Vikas Mani Srivastava Counsel for Opposite Party :- Mithilesh Kumar Shukla,Avanish Kumar Shukla
Hon'ble Anjani Kumar Mishra,J.
In this case, power of Shri M.K. Shukla, has been filed on behalf of the opposite party on 21.08.018. The matter thereafter came up before this Court on 12.09.2018, when the following order has been passed:-
"On a prayer made by counsel for the opposite party, list this case in the next cause list, peremptorily.
It is made clear that the matter shall be heard and decided finally on the next date fixed, even if, no counter affidavit has been filed by the opposite party."
Today on the matter being called out, a statement has been made by a new counsel, that he has received instructions from the opposite party and may be permitted to file his power. A prayer has also been made for grant of time for filing a counter affidavit.
In the light of the order dated 12.09.2018, which is quoted above, it is clear that the conduct of opposite party is not bona fide clearly dilatory tactics are being adopted by the opposite party. The prayer made for permission to file a fresh vakalatnama as also the prayer made for time for filing a counter affidavit are, accordingly rejected.
I have heard counsel for the applicant on the merits of the transfer application filed by the wife, seeking transfer of a case under Section 13-A of the Hindu Marriage Act for divorce filed by the husband at Firozabad to district Allahabad, on the ground of convenience.
Additionally in the affidavit filed in support of the transfer application, it has been averred that a case under Section 12 of the Domestic Violence Act instituted by the applicant against opposite party is pending consideration at Allahabad.
In the considered opinion of this Court all cases between the parties should be decided at one place which would be convenient for all concerned. For this reason alone, this transfer application is liable to be and is hereby, allowed.
Let the Case No. 809 of 2017: Ram Kumar vs. Seema under Sections 13-A of the Hindu Marriage Act be transferred from Firozabad to Allahabad, forthwith.
Priyanka Digitally signed by ANJANI KUMAR MISHRA Date: 2018.09.19 13:31:02 IST Reason: Document Owner Location: High Court of Judicature at Allahabad