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2025 DAILYLAW 106853 (ALL)

GEETA DEVI AND ANOTHER v. ASHISH KUMAR OJHA

TACL/868/2024 · 2025-04-23

Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:62261 Court No. - 3 Case :- TRANSFER APPLICATION (CIVIL) No. - 868 of 2024 Applicant :- Geeta Devi And Another Opposite Party :- Ashish Kumar Ojha Counsel for Applicant :- Meera Verma,Shailesh Upadhyay Counsel for Opposite Party :- Pawan Kumar Hon'ble Jayant Banerji,J. 1. As per office report of 8.1.2025, notice was issued to the sole opposite party through registered post acknowledgement due on 29.11.2024 fixing 9.1.2025 and as per tracking report, delivery of notice has been confirmed, but no one has put in appearance on behalf of the opposite party. 2. However, in the list of fresh cases, against the aforesaid case the name of Shri Pawan Kumar, Advocate is reflected for the opposite party, but despite the list being revised, no one has appeared for the said opposite party. As such, notice on the opposite party is sufficient. 3. It is contended that a decree of divorce has been passed by the Family Court, Sonbhadra, which is under challenge in a First Appeal before this Court. It is stated that thereafter proceeding for custody of the minor child of the applicant no.1 has been initiated by the opposite party in the Court of the Principal Judge, Family Court, Sonhbadra, which is numbered as Case No.299 of 2024, of which transfer is being sought. It is stated that two other cases are pending in Bareilly, one being a criminal case and other being an application under Section 125 Cr.P.C. It has been stated that the distance from Bareilly to Sonbhadra is nearly 700 kms. and the applicant no.1 has no income to do pairvi of the case at Sonbhadra and, therefore, the same be transferred to Bareilly. 4. Given the unrebutted statement made in the affidavit of the applicant no.1 regarding her financial status as well as the difficulty being faced by her in contesting the case at Sonbhadra and coupled with the facts that none has appeared for the opposite party despite the matter being called out in the revised list and no counter affidavit is on record, the transfer application is allowed and the Case No.299 of 2024 (Ashish Kumar Ojha vs. Geeta Devi & Anr.) filed by the opposite party under Section 6 of the Hindu Minority and Guardianship Act, 1956 is transferred from the Family Court, Sonbhadra to the Family Court, Bareilly having jurisdiction in the matter. The applicants shall ensure that a copy of this order is filed before the Court at Sonbhadra before which the Case No.299 of 2024 is pending. Order Date :- 24.4.2025 SK (Jayant Banerji, J.) Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad