Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 469 of 2017 Applicant :- Smt. Sonika Opposite Party :- Namit Bharti Counsel for Applicant :- Madan Lal Rai
Hon'ble Anjani Kumar Mishra,J.
On the matter being called out, counsel for the opposite party has stood up and submitted that since the personal affidavit of the applicant has not been filed and the matter sought to be transferred is a matrimonial matter, no indulgence is liable to be granted to the applicant and the transfer application therefore, should not be entertained. It is, further submitted that a false affidavit has been filed on behalf of the applicant.
This is a Transfer application by the wife, seeking transfer of a petition under Section 13 of the Hindu Marriage Act for divorce, filed by the husband at Agra. Transfer of this case is sought to District Meerut on the ground of convenience.
In paragraph 9 of the affidavit, it has been averred that the applicant is living with her parents at Meerut, while in paragraph 13, it has been averred that there is no male member to accompany the applicant to Agra situated at a distance of 200 kms from Meerut.
In the counter affidavit of the opposite party, it has been stated that the opposite party is unemployed while the applicant is an Assistant Teacher in a Primary School, under the control of U.P. Basic Shiksha Parishad, Allahabad and is a drawing salary of Rs.40,000/- per month.
It has also been stated that in the pending proceedings, an application under Section 24 of the Hindu Marriage Act had been filed seeking interim maintenance, concealing the fact of her employment as Assistant Teacher.
The averment that the applicant is employed as an Assistant Teacher has not been denied in the rejoinder affidavit. The only relevant allegation in the rejoinder is that the opposite party is working in a private company and therefore, not totally dependent on his parents.
Looking into the facts and circumstances of the case and also looking into the convenience of both the parties, in my considered opinion, the transfer application is liable to be allowed and the divorce petition is liable to be transferred to District Bulandshahar, which is situated approximately between Meerut and Agra.
Accordingly, the transfer application is allowed Divorce Petition No.1080 of 2017 (Namit Bharti Vs. Smt. Sonika), under Section 13 Hindu Marriage Act, pending in the Court of Principal Judge, Family Judge, Agra, shall stand transferred to District Bulandshahar, forthwith.
Order Date :- 30.4.2018 RKM ANJANI KUMAR Digitally signed by ANJANI KUMAR MISHRA DN: C=IN, O=Personal, PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3ea04 9885bf64ad5bbb33050e3dfe3e2109 27d94f413, SERIALNUMBER=004ee64f25f9f36f MISHRA 85dbdc71f5b0ec1e2f0938431e25dbb adc93823915b36c6f, CN=ANJANI KUMAR MISHRA Reason: I am the author of this document Location:
Date: 2018-04-30 15:48:22