Single-judge court allowed a transfer application filed by a wife seeking to shift a divorce petition from Kanpur Nagar to Agra. The transfer was granted on grounds of convenience, pending criminal cases, and childcare responsibilities for a minor daughter, accepted in the absence of opposition.
Transfer of Divorce Petition (Case No.484 of 2017) to District Court, Agra.
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. - 219 of 2018
Applicant :- Divya Rawat Opposite Party :- Amit Pal Counsel for Applicant :- Sujan Singh,Manish Yadav
Hon'ble Anjani Kumar Mishra,J.
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.
Despite notice, neither counter affidavit 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 13 of the Hindu Marriage Act, filed by the husband at Kanpur Nagar to Agra.
Transfer of this case is sought on the ground of convenience as also on the ground that other cases between the parties are pending consideration at Agra. The said cases are, a criminal case under Section 498-A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act and another under the Domestic Violence Act. Besides, the applicant has to attend to her minor daughter and therefore, travel to Kanpur Nagar is highly inconvenient.
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.
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.
Case No.484 of 2017 (Amit Pal Vs. Divya Rawat), pending before the Additional Principal Judge, Kanpur Nagar shall stand transferred to District Agra, forthwith.
Order Date :- 16.7.2018 RKM
Digitally signed by ANJANI KUMAR MISHRA DN: C=IN, O=Personal, ANJANI PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3ea04988 5bf64ad5bbb33050e3dfe3e210927d94f4 13, KUMAR SERIALNUMBER=004ee64f25f9f36f85dbdc71f5b0ec1e2f0938431e25dbbadc9382 3915b36c6f, CN=ANJANI KUMAR MISHRA Reason: I am the author of this document MISHRA Location: Date: 2018-07-16 16:27:45
3 issues framed by the court
Whether the divorce petition should be transferred from Kanpur Nagar to Agra for convenience.
Whether the transfer application must be allowed by reason of convenience.
How to handle a transfer application filed in absence of the opposite party.
1 provisions across 1 enactments
Divya Rawat
Anjani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
