Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 362 of 2018 Applicant :- Shikha Tyagi Opposite Party :- Devansh Tyagi Counsel for Applicant :- Avinash Kumar Gautam,Hirdesh Kumar Yadav Digitally signed by ANJANI KUMAR MISHRA Date: 2018.09.18 16:49:20 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
Hon'ble Anjani Kumar Mishra,J.
On 04.09.2018, the following order has been passed in this transfer application:
"Office report dated 01.09.2018 based on a tracking report states that notice of the transfer application has been delivered to the opposite party.
The date fixed for appearance therein is 04.09.2018 is today. List this matter in the next cause list."
Despite notice, neither any appearance nor counter affidavit has been filed on behalf of opposite party.
This is a transfer application by the wife, seeking transfer of a divorce petition filed by the husband at Ghaziabad. Transfer of this case is sought to District Bijnor on the ground of convenience.
Additionally, in paragraph 11 of the affidavit filed in support of this transfer application, it has been averred that the proceedings under Section 125 Cr.P.C. for maintenance have been instituted against the opposite party at Bijnor. Allegations of financial stringency have been made in paragraph 16 of the affidavit.
In the absence of a counter affidavit, these material allegations made in the affidavit filed in support of this transfer application stand un-rebutted and must necessarily be accepted as correct. The transfer application therefore, is liable to be and is hereby allowed.
Case No.2339 of 2017 (Devansh Tyagi vs. Shikha Tyagi), pending in the Court of Principal Judge, Family Court, Ghaziabad shall stand transferred to District Bijnor, forthwith.
Order Date :- 18.9.2018 Jitendra