Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 80 of 2018 Applicant :- Yasmin Alias Babli Opposite Party :- Rahis Counsel for Applicant :- Santosh Kumar Singh
Hon'ble Anjani Kumar Mishra,J.
On 20.03.2018, the following order was passed:-
"Shri Akhilendra Kumar, Advocate states that he has instructions on behalf of the opposite party and shall be filing his power and counter affidavit.
In case, the power and counter affidavit are not available on record on the next date of listing, this Court shall proceed to decide this transfer application even in their absence.
List on 27.03.2018."
The office report dated 24.03.2018, states that no vakalatnama has been filed by Shri Akhilendra Kumar, who had appeared before this Court on the previous occasion.
In view of the office report dated 19.03.2018, service of notice of this transfer application upon the opposite party is deemed to be sufficient under the Rules of the Court.
The instant transfer application has been filed by the wife seeking transfer of a divorce petition filed by the husband at Firozabad.
In paragraph 11 of the affidavit, it has been stated that the applicant is residing at Mathura and that she has filed a case under Section 125 Cr.P.C. for maintenance, which is pending consideration at Mathura. It is also averred that the applicant has no independent source of income and, therefore, this transfer application for transfer of the divorce petition to Mathura.
Since material allegations made in the affidavit filed in support of the transfer application have not been controverted as despite notice none has appeared to oppose this transfer application, this Court accepting the allegations to be correct.
Accordingly, the transfer application is allowed.
Divorce Petition No. 38 of 2017 (Rahis Vs. Yasmin), pending before the Family Court Firozabad, shall stand transferred to District Mathura, forthwith.
Order Date :- 27.3.2018/Mayank Digitally signed by ANJANI KUMAR MISHRA DN: C=IN, O=Personal, MISHRA ANJANI KUMAR PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3ea 049885bf64ad5bbb33050e3dfe3e2 10927d94f413, SERIALNUMBER=004ee64f25f9f3 6f85dbdc71f5b0ec1e2f0938431e25 dbbadc93823915b36c6f, CN=ANJANI KUMAR MISHRA Reason: I am the author of this document Location:
Date: 2018-03-28 10:26:10