Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 133 of 2019 Applicant :- Shradha Mishra Opposite Party :- Vineet Kumar Counsel for Applicant :- Pradip Kumar Srivastava Digitally signed by Justice Jayant Banerji Date: 2019.12.19 17:35:42 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Hon'ble Jayant Banerji,J.
Heard Shri Prem Prakash Tiwari, learned counsel holding brief of Shri Pradeep Kumar Srivastava, learned counsel for the applicant.
This transfer application has been filed for transferring the Case No. 722 of 2018 (Vineet Kumar Vs. Shradha Mishra) filed under Section 9 of the Hindu Marriage Act pending in the Court of Principal Judge, Family Court, Farrukhabad to District Kanpur Nagar on the ground of convenience of the applicant who is the wife of the opposite party.
On notice being issued to the opposite party, the office has reported on 14.11.2019 that delivery of the notice has been confirmed. Therefore, notice on the opposite party is sufficient. No one has appeared on behalf of the opposite party and neither any counter affidavit is on record.
The aforesaid application is supported by an affidavit of the applicant in which it has been stated that certain cases have been filed by her in Kanpur Nagar against the opposite party which are still pending. One is a case under the Domestic Violence act and another proceeding is under Section 156(3) Cr.P.C.. It is stated that the case filed by the applicant predate the application filed by the opposite party under Section 9 of the Hindu Marriage Act. It is stated that the applicant has no source of income and her father is 60 years old and he also has no source of income. It is further stated that she is suffering from multiple diseases and has five year old son and therefore she is unable to come to Farrukhabad for contesting the case.
Considering the facts and circumstances of the case, it is a fit case for allowing the application for transfer and the Case No. 722 of 2018 (Vineet Kumar Vs. Shradha Mishra) filed under Section 9 of the Hindu Marriage Act pending in the Court of Principal Judge, Family Court, Farrukhabad is transferred to District Kanpur Nagar.
This application is, accordingly, allowed.
Order Date :- 19.12.2019
A. V. Singh