In a transfer application, the High Court allowed the wife's plea to transfer her divorce petition from Badaun to Kanpur Nagar based on convenience and lack of male support, as the opposite party failed to counter. The case was transferred forthwith.
Transfer of Case No.77 of 2018 from Court Principal judge, Family Court, Badaun to Kanpur Nagar.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 9
Case :- TRANSFER APPLICATION (CIVIL) No. - 209 of 2018 Applicant :- Shikha Tiwari Opposite Party :- Shailendra Mishra Counsel for Applicant :- R.K. Mishra,Deepak Singh
Hon'ble Anjani Kumar Mishra,J.
OfÏce report dated 11.07.2018, which is based upon a tracking report obtained from the postal authorities that the notice of this transfer application has been duly served upon the opposite party.
Despite notice, neither any counter afÏdavit nor any appearance has been filed on behalf of the opposite party.
This is a Transfer application filed by the wife, seeking transfer of a Divorce Petition, under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, filed by the husband at Badaun.
Transfer of this case is sought to District Kanpur Nagar on the ground of convenience.
In paragraph 8 of the afÏdavit, filed in support of this transfer application, it has been stated that the maintenance awarded to the applicant has not been paid by the opposite party and that proceedings under Section 125 (3) Cr.P.C. are pending consideration. In these proceedings, opposite party had initially appeared but had thereafter absented themselves.
In paragraph 15, it has been averred that the applicant's father suffers from arthritis and her brother is in a private job in Delhi and there is no male member to accompany the applicant when she attend the proceedings at Badaun.
In absence of a counter afÏdavit, these material allegations made in the afÏdavit filed in support of this transfer application stand un-rebutted and must necessarily be accepted as correct.
The transfer application is hereby, allowed
Case No.77 of 2018 (Shailendra Mishra Vs. Shikha Tiwari), under Section 9 of the Hindu Marriage Act, pending in the Court Principal judge, Family Court, Badaun shall stand transferred to Kanpur Nagar, forthwith.
Order Date :- 12.7.2018 RKM
Digitally signed by ANJANI KUMAR MISHRA DN: C=IN, O=Personal, PostalCode=211001, S=Uttar ANJANI Pradesh, Phone=f6e3ce979d8983acfc0b3 ea049885bf64ad5bbb33050e3df e3e210927d94f413, KUMAR SERIALNUMBER=004ee64f25f9f 36f85dbdc71f5b0ec1e2f0938431 e25dbbadc93823915b36c6f, CN=ANJANI KUMAR MISHRA MISHRA Reason: I am the author of this document Location: Date: 2018-07-13 16:43:54
1 issue framed by the court
Whether the application for transfer of divorce proceedings under Section 9 of the Hindu Marriage Act from Badaun to Kanpur Nagar deserves to be allowed.
1 provisions across 1 enactments
Shikha Tiwari
Anjani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
