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Usha Devi vs Srikant Sarswat on 21 August, 2019

HIGH COURT OF JUDICATURE AT ALLAHABAD

?Court No. – 9

Case :- TRANSFER APPLICATION (CIVIL) No. – 138 of 2019

Applicant :- Usha Devi

Opposite Party :- Srikant Sarswat

Counsel for Applicant :- Ashutosh Kumar Mishra

Hon’ble Anjani Kumar Mishra,J.

Office report dated 25.04.2019, which is based on a tracking report states that the notice of this transfer application has been served upon the opposite party. The date fixed for appearance was 26.04.2019.

Despite notice, neither any appearance nor any counter affidavit has been filed on behalf of the said opposite party.

By means of this transfer application, the applicant-wife seeks transfer of a divorce petition, filed by the husband at Hathras to Aligarh on the ground of convenience.

In paragraph 8 of the affidavit filed in support of the transfer application, pendency of three cases filed by the applicant against the opposite party and pending at Aligarh has been disclosed. They are a case under Section 498A IPC and other allied sections, a case under the SectionDomestic Violence Act and proceedings under Section 128 Cr.P.C. for execution of the order for maintenance passed in favour of the applicant.

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.

Moreover, 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, I allow the transfer application and direct that Case No. 583 of 2014 (Srikant Sarswat Vs. Smt. Usha Devi) pending before the Principal Judge, Family Court, Hathras shall stand transferred to District Aligarh, forthwith.

Order Date :- 21.8.2019

Mayank

 

 

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