Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 127 of 2018 Applicant :- Tamanna Sahgal Opposite Party :- Arjun Pachauri Counsel for Applicant :- Sharad Sharma
Hon'ble Anjani Kumar Mishra,J.
Vide order dated 20.09.2018, counsel for the applicant has been directed to ensure notice of this transfer application upon the opposite party by publication.
A compliance affidavit has been filed on 29.10.2018 annexing thereto copy of the daily newspaper AmarUjala dated 10.10.2018, wherein notice was published. The date fixed for appearance in the notice was 30.10.2019.
Despite publication, neither any appearance nor any counter affidavit has been filed on behalf of the said opposite party is available on record.
This transfer application has been filed by the wife seeking transfer of a divorce petition filed by the husband at Aligarh to Shahjahanpur on the ground of convenience.
Additionally in paragraph 20 of the affidavit filed in support of the transfer application, it has been averred that the applicant has filed a case under the Domestic Violence Act as also a complaint case under Section 406, 384, 504 and 506 I.P.C. read with Section 6 of the Dowry Prohibition Act against opposite party. Both these cases are stated to be pending at Shahjahanpur.
These material allegations made in the affidavit filed in support of the transfer application have not been controverted as no counter affidavit 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. 1152 of 2017 (Arjun Pachauri Vs.Tamanna Sahgal) pending before the Principal Judge, Family Court, Aligarh shall stand transferred to District Shahjahanpur, forthwith.
Order Date :- 25.2.2019 sweta Digitally signed by ANJANI KUMAR MISHRA Date: 2019.02.25 18:34:01 IST Reason: Document Owner Location: High Court of Judicature at Allahabad