Allowed

Vijeta Gupta v. Ashutosh Kumar

Allahabad HC16 Jul 2018TACL/218/2018

Case brief

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What is this about?

This court allowed a transfer application filed by a wife to shift her husband's divorce petition for restitution of conjugal rights from Allahabad to Chitrakoot. The transfer was ordered due to the convenience of the parties and the pendency of related criminal and civil cases at Chitrakoot.

What did the court decide?

Transfer of Case No.1400 of 2017 from Family Court, Allahabad to Chitrakoot.

Vijeta Gupta Vs Ashutosh Kumar — Matrimonial and Divorce | Allahabad HC (2018)

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Court No. - 9

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Case :- TRANSFER APPLICATION (CIVIL) No. - 218 of 2018

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Applicant :- Vijeta Gupta Opposite Party :- Ashutosh Kumar Counsel for Applicant :- Jitendra Prasad Mishra

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Hon'ble Anjani Kumar Mishra,J.

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Office report dated 13.07.2018, which is based upon a tracking report obtained from the postal authorities states that the notice of this transfer application has been duly served upon the opposite party.

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

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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 Allahabad to Chitrakoot.

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Transfer of this case is sought on the ground of convenience as also on the ground of pendency of other cases between the parties at Chitrakoot. The said cases are a first information report, under Section 494, 498-A, 504, 506, 507 I.P.C. and Section 3/4 Dowry Prohibition Act, a case under the Domestic Violence Act and an application under Section 125 Cr.P.C. for maintenance.

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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.

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In my considered opinion, all the cases between the parties are liable to be heard and decided at one place, which will definitely be convenient for all concerned. On this ground alone, this transfer application is liable to be and is hereby, allowed.

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Case No.1400 of 2017 (Ashutosh Kumar Vs. Vijeta Gupta), pending before the Principal Judge, Family Court, Allahabad shall stand transferred to Chitrakoot, forthwith.

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Order Date :- 16.7.2018 RKM

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Digitally signed by ANJANI KUMAR MISHRA DN: C=IN, O=Personal, PostalCode=211001, S=Uttar ANJANI Pradesh, Phone=f6e3ce979d8983acfc0b3ea 049885bf64ad5bbb33050e3dfe3e2 10927d94f413, KUMAR SERIALNUMBER=004ee64f25f9f36f85dbdc71f5b0ec1e2f0938431e2 5dbbadc93823915b36c6f, CN=ANJANI KUMAR MISHRA MISHRA Reason: I am the author of this document Location: Date: 2018-07-16 16:27:21

Vijeta Gupta v. Ashutosh Kumar

Case brief

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Vijeta Gupta v. Ashutosh Kumar

Case brief

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