Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 135 of 2018 Applicant :- Shashi Prabha Opposite Party :- Hariom Mishra Counsel for Applicant :- Pawankumar Dubey,Faiz Ahmad
Hon'ble Anjani Kumar Mishra,J.
Office report dated 28.05.2018 based on tracking report obtained from the Post Office states that the notice of this transfer application has been delivered to the opposite party.
Despite service, no counter affidavit or appearance has been filed on behalf of the said opposite party.
This is a transfer application filed by the wife, seeking transfer of a case under Section 9 of the Hindu Marriage Act for restitution of conjugal right filed by the husband at Farukkhabad. Transfer of the case is sought to district Shahjahanpur on the ground of convenience.
It has been stated that the applicant belongs to poor family and has no independent source of income and is residing at Shahjahanpur. It is, therefore, inconvenient for her to attend the proceedings at Farukkhabad.
Material allegations in this regard found in the affidavit filed in support thereof, have not been controverted as no counter affidavit has been filed. The opposite party has not appeared, despite service. The allegations, therefore, have to be accepted as correct.
Accordingly this transfer application is allowed.
Let the case No. 531 of 2017, under Section 9 of the Hindu Marriage Act, pending at Principle Judge, Family Court Farukkhabad, is hereby transferred to Shahjahanpur, forthwith.
Order Date :- 29.5.2018 Priyanka ANJANI KUMAR Digitally signed by ANJANI KUMAR MISHRA DN: C=IN, O=Personal, PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3ea049885bf6 4ad5bbb33050e3dfe3e210927d94f413, SERIALNUMBER=004ee64f25f9f36f85dbdc7 MISHRA 1f5b0ec1e2f0938431e25dbbadc93823915b36 c6f, CN=ANJANI KUMAR MISHRA Reason: I am the author of this document Location:
Date: 2018-05-29 14:55:12