Allowed

Smt. Phoolgena Devi v. Bechu Chauhan

Allahabad HC13 Jul 2018TACL/97/2017

Case brief

AI extract

What is this about?

This order allowed a transfer application filed by a wife seeking to move her husband's restitution of conjugal rights case from District Azamgarh to District Varanasi due to her residence, maintenance of four minor children as a maid, and the distance involved.

What did the court decide?

Case No. 490 of 2016 pending before the Family Judge, Azamgarh shall stand transferred to District Varanasi.

Smt. Phoolgena Devi Vs Bechu Chauhan — Matrimonial and Divorce | Allahabad HC (2018)

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Court No. - 9

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Case :- TRANSFER APPLICATION (CIVIL) No. - 97 of 2017 Applicant :- Smt. Phoolgena Devi Opposite Party :- Bechu Chauhan Counsel for Applicant :- Satish Kumar Pandey

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Hon'ble Anjani Kumar Mishra,J.

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The office report dated 12.07.2018, 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 any counter affidavit nor any appearance has been filed on behalf of the opposite party.

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This is a Transfer application by the wife, seeking transfer of Case, under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, filed by the husband at Azamgarh.

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Transfer of this case is sought to District Varanasi on the ground of convenience.

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In the affidavit, filed in support of this transfer application, it has been averred that the applicant is an illiterate lady, who is residing in Varanasi and taking care of her four minor children by working as a maid. Therefore, it is difficult for her to attend the proceedings at Azamgarh situated at a distance of 100 kms from Varanasi.

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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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Under the circumstances, the transfer application is allowed

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Case No.490 of 2016 (Bechu Chauhan Vs. Phoolgena and others), under Section 9 of the Hindu Marriage Act for restitution of conjugal rights, pending before the Family Judge, Azamgarh shall stand transferred to District Varanasi, forthwith.

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Order Date :- 13.7.2018 RKM

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ANJANI KUMAR MISHRA

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Digitally signed by ANJANI KUMAR MISHRA DN: C=IN, O=Personal, PostalCode=211001, S=Uttar Pradesh, Phone=f6e3ce979d8983acfc0b3ea04 9885bf64ad5bbb33050e3dfe3e2109 27d94f413, SERIALNUMBER=004ee64f25f9f36f 85dbdc71f5b0ec1e2f0938431e25dbb adc93823915b36c6f, CN=ANJANI KUMAR MISHRA Reason: I am the author of this document Location: Date: 2018-07-13 16:43:26

Smt. Phoolgena Devi v. Bechu Chauhan

Case brief

What is this about?

What did the court decide?

Smt. Phoolgena Devi v. Bechu Chauhan

Case brief

What is this about?

What did the court decide?

What the court decided

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