Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 27 of 2018 Applicant :- Shwet Nisha Singh Opposite Party :- Vikas Singh Counsel for Applicant :- Mr Naseem Ahmad,Mr Sharib Salaman Ahmad Ansari
Hon'ble Anjani Kumar Mishra,J.
Heard.
On the matter being taken up on 13.07.2018, following order had been passed -
"A statement has been made by Shri Radhey Shyam Shukla that he has instructions on behalf of the opposite party and shall be filing his power and counter affidavit shortly.
List peremptorily in the next cause list.
In case, power and counter affidavit are e-filed within the next one week, the matter be listed showing the name of counsel for the opposite party.
It is made clear that if by the next listing of this case, the power and counter affidavit are not available on record, this Court shall proceed with this transfer application on its merit even in their absence."
Office has reported that no power or counter affidavit has been e-filed on behalf of the opposite party.
This is a Transfer application by the wife, seeking transfer of a Divorce Petition filed by husband at Shahjahanpur. Transfer of this case is sought to District Lucknow on the ground of convenience.
In paragraph 9 of the affidavit, filed in support of the transfer application, it has been submitted that the proceedings under Section 125 Cr.P.C for maintenance and a criminal case under Section 498-A, 323, 504 and 506 IPC read with Section 3/4 Dowry Prohibition Act has also been lodged by her and are pending consideration at Lucknow.
In 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.
Moreover, all cases between the parties are better heard and decided at one place for the convenience of all concerned.
The transfer application is therefore, allowed.
Divorce Petition No.531 of 2017 (Vikas Singh Vs. Smt. Shwet Nisha Singh), pending before the Principal Judge, Family Court, Shahjahanpur shall stand transferred to District Lucknow, forthwith.
Order Date :- 27.7.2018 RKM Digitally signed by ANJANI KUMAR MISHRA Date: 2018.07.27 14:49:19 UTC Reason: Document Owner Location: High Court of Judicature at Allahabad