Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 319 of 2017 Applicant :- Smt. Shweta Yadav Opposite Party :- Principal Judge Family Court And Another Counsel for Applicant :- Colonel Ashok Kumar,Rohit Kumar
Hon'ble Anjani Kumar Mishra,J.
As supplementary affidavit is filed by the counsel for the applicant annexing thereto the copy of the newspaper wherein publication has been affected upon the opposite party in pursuance of the order dated 26.09.2018.
The date fixed for appearance in the notice was 23.10.2018.
Despite publication, neither any appearance nor any counter affidavit has been filed on behalf of the said opposite party.
By means of this transfer application the applicant' wife seeks transfer of a petition under Section 13 of the Hindu Marriage Act filed by the husband and pending consideration before family court Bareilly to Lucknow, is on the ground of convenience.
Additionally in paragraphs 7, 8 and 9 of the affidavit filed in support of the transfer application, it has been averred that the applicant has instituted three cases against the opposite party at Lucknow, one being a first information report under Section 498-A and other allied Section, a case under Section 125 Cr.P.C. for maintenance as also a case under Section 12 of the Domestic Violence Act, which cases are pending consideration at Lucknow.
These material allegations made in the affidavit filed in support of the transfer application stands uncontroverted as no counter affidavit on behalf of the opposite parties has been filed nor any appearance, put in by the opposite party, despite notice.
The uncontroverted allegations therefore, are to be accepted as correct. Besides, all cases between the parties are better heard and decided at one place for the sake of convenience of all concerned.
Accordingly, I allow the transfer application and direct that Case No. 166 of 2016 (Dheeraj Vs. Shweta Yadav) pending before the Principal Judge, Family Court, Bareilly shall stand transferred to District Lucknow, forthwith.
Order Date :- 25.2.2019 sweta Digitally signed by ANJANI KUMAR MISHRA Date: 2019.02.25 18:33:58 IST Reason: Document Owner Location: High Court of Judicature at Allahabad