Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 388 of 2019 Applicant :- Sunita Alias Neetu Opposite Party :- Antariksh Kumar Counsel for Applicant :- Ravi Sahu,Om Prakash
Hon'ble Jayant Banerji,J.
Heard Sri Sanjay Kumar Sahu, learned counsel holding brief of Sri Ravi Sahu, learned counsel appearing for the applicant.
This transfer application has been filed by the wife of opposite party for transferring the case No. 462 of 2018 (Antariksh Kumar Vs. Smt. Sunita alias Neetu), under Section 13 of the Hindu Marriage Act, pending in the court of Principal Judge, Family Court, Court No.3, Muzaffarnagar to district Kanpur Dehat.
The reason for transfer has been stated in paragraph Nos. 6,7, and 8 of the affidavit filed in support of the transfer application, wherein, it is stated that there are other cases pending in Kanpur Dehat and she has no source of income and is completely dependant upon her old father. Further, Muzaffarnagar is 700 kms away from Kanpur Dehat and hence she is unable to go to District court Muzaffarnagar to contest the above mentioned case.
Office report of 28.11.2019 is that the notice was issued to the sole respondent by registered post fixing 10.10.2019 and the tracking report states that the item has been delivered.
No one has put in appearance on behalf of the opposite party nor any counter affidavit has been filed. As such the allegations made in the affidavit appear to be correct.
This application is, accordingly, allowed and the aforesaid case No. 462 of 2018 is transferred from District Muzaffarnagar to District Kanpur Dehat.
Order Date :- 29.11.2019 sfa/ Digitally signed by Justice Jayant Banerji Date: 2019.11.29 17:21:38 IST Reason: Document Owner Location: High Court of Judicature at Allahabad