Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 190 of 2019 Applicant :- Shipra Gupta Opposite Party :- Principal Judge Family Court Hamirpur And Another Counsel for Applicant :- Rajesh Dutta Pandey Counsel for Opposite Party :- Anand Pati Tiwari
Hon'ble Jayant Banerji,J.
Heard Sri Rajesh Dutta Pandey, learned counsel for the applicant and Sri Anand Pati Tiwari, learned counsel appearing for the opposite party no.2.
Despite repeated time being granted for filing the counter affidavit, no counter affidavit has been filed. On 25.11.2019, two weeks and no more time was given to file a counter affidavit. On 10.12.2019, the case was adjourned in view of the illness sent by the learned counsel for the opposite party no.2.
Today, when the matter is taken up, learned counsel for the opposite party seeks further time to file a counter affidavit. However, since the matter has been repeatedly adjourned, the request is declined.
This transfer application has been filed by the applicant who is the wife of opposite party no.2 for transferring Case No. 115 of 2017(Shipra Gutpa Vs. Amit Gupta), filed under Section 13 of the Hindu Marriage Act from the court of Principal Judge,Family Court, Hamirpur to Lakhimpur or any adjacent district.
The contention of the learned counsel for the applicant is that the application under Section 13 of the Hindu Marriage Act was filed by the applicant herself against the opposite party no.2, who is her husband. Due to torture inflicted on her, she left the house of the opposite party no.2 and came to her house. It has been stated that she has a daughter born on 22.7.2011. In paragraph no. 9 of the affidavit filed in support of the transfer application, it has been stated that the applicant was selected in Special B.T.C on the post of Assistant Teacher and she joined her duty at Basic School Narayana Baba, Dhaurahara,District Lakhimpur on 31.12.2015 and is residing there with her daughter aged about six years.
It is stated in paragraph no. 10 of the affidavit that the opposite party no.2 came to the residence of applicant at Lakhimpur and resided there and during that time, demanded money from the applicant and has beaten her due to not fulfilling the aforesaid demand. Thereafter, in absence of the applicant, the opposite party no.2 went back from Lakhimpur to Auraiya along with her minor daughter and also took a sum of Rs. 50,000/. It is stated that another case for custody of minor daughter is also going on. It has been stated that though the case was filed in Hamirpur but in view of her posting in Basic School at Dhaurahara, Lakhimpur which is more than 400 Kms. from Hamirpur and as per transfer policy, the Assistant Teacher of Basic Education is not entitled for transfer before completion of five years of service. It is stated that there is no direct train or other conveyance between Hamirpur to Lakhimpur and, therefore, she will be put to much inconvenience.
Though, learned counsel for the opposite party no.2 has objected to the aforesaid application but contents of the affidavit filed by the applicant remain unrebutted.
Considering the facts and circumstances of the case, this application is allowed and the aforesaid case No. 115 of 2017 is transferred from Hamirpur to Lakhimpur Kheri.
Order Date :- 19.12.2019 sfa/ Digitally signed by Justice Jayant Banerji Date: 2019.12.19 18:41:49 IST Reason: Document Owner Location: High Court of Judicature at Allahabad