Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 469 of 2018 Applicant :- Srishti Sharma Opposite Party :- Nishchal Sharma Counsel for Applicant :- Namit Kumar Sharma,Ashutosh Upadhyay Counsel for Opposite Party :- Neeraj Shrivastava
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the parties.
This is a Transfer application by the wife, seeking transfer of a petition, under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, filed by husband at Jhansi. Its transfer is being sought to District Banda on the ground that the applicant is residing at Banda and she has also instituted a case under Section 125 Cr.P.C. for maintenance, which is pending consideration at Banda.
The transfer application is being opposed by counsel appearing for the opposite party. He has referred to the averments made in paragraph 4 of the affidavit, filed in support of the transfer application itself, wherein he submits that a categorical admission has been made by the applicant that she is possessed a house at Jhansi.
It has also contended that the transfer application has only been filed to harass the opposite party. The applicant is B.Ed. and is capable for maintaining herself.
However, on a pointed query by the Court, the pendency of the proceedings under Section 125 Cr.P.C. at Banda is not denied by him.
In rejoinder, the contention of counsel for the applicant is that the house at Jhansi had been purchased by her father, a Railway employee and at that point of time, he was posted at Jhansi. However, after his death, the applicant is residing at Banda.
In my considered opinion, all the cases between the parties are liable to be heard and decided at one place, which will definitely be convenient for all concerned. Admittedly, the proceedings under Section 125 Cr.P.C. for maintenance are pending consideration at Banda and the opposite party has not filed any application for its transfer outside Banda.
Under the circumstances, this transfer application is allowed.
Case No.560 of 2018 (Nishchal Sharma Vs. Smt.Srishti Sharma), under Section 9 of the Hindu Marriage Act, pending before the Principal Judge, Family Court, Jhansi shall stand transferred to District Banda, forthwith with the stipulation that the identical dates be fixed by the transferee court in the case transferred as also the proceedings under Section 125 Cr.P.C. already pending at Banda.
Order Date :- 31.7.2019 RKM Digitally signed by ANJANI KUMAR MISHRA Date: 2019.07.31 18:33:47 IST Reason: Document Owner Location: High Court of Judicature at Allahabad