Allowed

Aradhana Gupta v. Principal Judge, Family Court and Another

Allahabad HC17 Jul 2018TACL/88/2018

Case brief

AI extract

What is this about?

This court allowed a transfer application seeking the transfer of a restitution of conjugal rights petition from the Principal Judge Family Court, Meerut, to District Court, Gorakhpur, accepting the applicant's uncontroverted allegation of residence and convenience.

What did the court decide?

Transfer of Case No. 1240 of 2017 from Principal Judge Family Court, Meerut to District Gorakhpur forthwith.

Aradhana Gupta Vs Principal Judge… — Constitutional and Fundamental Rights | Allahabad HC (2018)

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Court No. - 9

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Case :- TRANSFER APPLICATION (CIVIL) No. - 88 of 2018

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Applicant :- Aradhana Gupta Opposite Party :- Principal Judge, Family Court And Another Counsel for Applicant :- Awadhesh Kumar Sharma,Sharda Vishwakarma

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Hon'ble Anjani Kumar Mishra,J.

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In pursuance of the direction issued by this Court, publication has been effected by counsel for the applicant in two news papers namely Rashtriya Sahara and NCR Today. Copies of the said news papers have been filed along with a supplementary affidavit dated 19.05.2018.

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The notice published in the aforesaid news papers fixed the date of appearance of the opposite party as 2 May, 2018.

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

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By means of this transfer application, the applicant wife seeks transfer of a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights instituted by the husband at Meerut to Gorakhpur.

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In paragraph 21 of the affidavit filed in support of the transfer application, it has been stated that Meerut is situated at a distance of 300 kilometers from Gorakhpur, where the applicant resides with her two minor children who are studying. Therefore, it is inconvenient for her to attend the proceedings at Meerut.

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These material allegations stand uncontroverted as neither any appearance nor any counter affidavit has been filed by the opposite party.

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Accepting the unrebutted allegations to be correct, this transfer application is allowed. Case No. 1240 of 2017 (Brijesh Sahay Vs. Smt. Aradhana Gupta) pending before the Principal Judge Family Court Meerut, shall stand transferred to District Gorakhpur, forthwith.

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Order Date :- 17.7.2018 Mayank

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KUMAR MISHRAANJANI Digitally signed by ANJANI KUMAR MISHRADN: C=IN, O=Personal, PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3ea049885bf64ad5bbb33050e3dfe3e210927d94f413, SERIALNUMBER=004ee64f25f9f36f85dbdc71f5b0ec1e2f0938431e25dbbadc93823915b36c6f, CN=ANJANI KUMAR MISHRAReason: I am the author of this documentLocation: Date: 2018-07-17 16:33:49

Aradhana Gupta v. Principal Judge, Family Court and Another

Case brief

What is this about?

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Aradhana Gupta v. Principal Judge, Family Court and Another

Case brief

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What did the court decide?

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