Court No. - 9
Civil Misc. Recall Application No.1 of 2018 IN Case :- TRANSFER APPLICATION (CIVIL) No. - 456 of 2016 Applicant :- Veenakshi Varma Opposite Party :- Pr. Judge Family Court, Etah And Another Counsel for Applicant :- Bushra Maryam,Anuradha Sundaram,Ashish Agrawal,Rashmi Tripathi Counsel for Opposite Party :- Ashish Agrawal
Hon'ble Anjani Kumar Mishra,J.
Heard learned counsel for the applicant.
An application for recall of the order dated 12.09.2017 is up for consideration.
By the order dated 12.09.2017, a transfer application filed seeking transfer of Case No.543 of 2013 (Avanish Kumar Vs. Veenakshi Varma), under Section 13 of the Hindu Marriage Act, was dismissed as misconceived.
Transfer of the case was sought from District Etah to District Kanpur Nagar.
The transfer application was dismissed as misconceived because Case No.543 of 2013 sought to be transferred had been decided finally in the year 2014.
From the facts available on record, it emerges that after the divorce Case No.543 of 2013 was decreed exparte, an application under Order 9 Rule 13 was filed, which was numbered as Misc. Case No.83 of 2014. It is this misc. case, transfer whereof could have been claimed but was not prayed for and instead a prayer was made for transfer of Case No.543 of 2013, which had already been decided.
Even today, the factual position remains the same.
The transfer application, which has been dismissed by order dated 12.09.2017 is in the facts and circumstances fully justified and recall of this order and any subsequent hearing shall serve no useful purpose.
This recall application is under the circumstances, an exercise in futility and is accordingly, dismissed.
Order Date :- 28.2.2018 RKM ANJANI KUMAR Digitally signed by ANJANI KUMAR MISHRA DN: C=IN, O=Personal, PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3ea049 885bf64ad5bbb33050e3dfe3e210927d 94f413, SERIALNUMBER=004ee64f25f9f36f8 MISHRA 5dbdc71f5b0ec1e2f0938431e25dbbad c93823915b36c6f, CN=ANJANI KUMAR MISHRA Reason: I am the author of this document Location:
Date: 2018-02-28 16:35:12