Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 231 of 2018 Applicant :- Smt. Urmila Kashyap Opposite Party :- Sachin Kumar Counsel for Applicant :- Vikas Rana
Hon'ble Anjani Kumar Mishra,J.
Office report dated 24.07.2018, which is based upon a tracking report obtained from the postal authorities states that notice of this transfer application has been duly served upon the opposite party.
Despite notice, neither any counter affidavit nor appearance has been filed on behalf of the opposite party.
This is a Transfer application filed by the wife, seeking transfer of a petition, under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, filed by the husband at Buland Shahar. Transfer of this case is sought to District Bareilly on the ground of convenience.
In paragraphs 11 and 12 of the affidavit, filed in support of the transfer application, it has been averred that proceedings under Section 125 Cr.P.C. as also a compliant under the Domestic Violence Act, filed by the applicant are pending consideration at Bareilly.
In absence of a counter affidavit, these material allegations made in the affidavit filed in support of this transfer application stand un-rebutted and must necessarily be accepted as correct.
In my considered opinion, all cases between the parties are better heard and decided at one place for the sake of convenience of all concerned.
Accordingly, the transfer application is liable to be and is hereby allowed.
Case No.910 of 2016, under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, pending before the Principal Judge, Family Court, Bulandshahar shall stand transferred to District Bareilly, forthwith.
Order Date :- 25.7.2018 RKM Digitally signed by ANJANI KUMAR MISHRA Date: 2018.07.25 13:41:46 UTC Reason: Document Owner Location: High Court of Judicature at Allahabad