SMT KAMLESH KUMARI v. SANJAY KUMAR S/O VIJENDRA SINGH
TACL/958/2024 · 2025-05-18
Saral Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 109857 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 109857 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:83457 Court No. - 2 Case :- TRANSFER APPLICATION (CIVIL) No. - 958 of 2024 Applicant :- Smt Kamlesh Kumari Opposite Party :- Sanjay Kumar S/O Vijendra Singh Counsel for Applicant :- Dushyant Singh,M.C. Singh Hon'ble Saral Srivastava,J.
Order on Order Sheet
1. This Court on 15.01.2025 issued notice on the transfer application. However, the Office has submitted the following report:
"Undelivered cover returned with post office remark as "ददिए गए पतते पर इस ननाम कना ककोई व्यदक्ति नहहीं दमलना" also no one put in appearance."
2. It is submitted that the steps have been taken on the address given by respondent-husband in the divorce petition, and therefore, in order to avoid the service of notice the report of Postman is managed to submit the report.
3. In such view of the fact, service of notice upon respondent is deemed sufficient.
Order on Transfer Application
4. Heard learned counsel for the applicant.
5. The applicant by means of present transfer application has prayed to transfer the Petition No.1180 of 2022 (Sanjay Kumar Vs. Smt. Kamlesh), under Section 13 of Hindu Marriage Act, 1955 from Family Court, Mathura to the Family Court, Hathras.
6. The transfer application has been filed seeking transfer of Petition No.1180 of 2022, under Section 13 of Hindu Marriage Act, 1955 from Family Court, Mathura to the Family Court, Hathras on the ground that applicant has no source of income and further two cases filed by the applicant are also going on in the District Court, Hathras, which are duly explained in paragraph no.9 of the supplementary affidavit. Therefore, it is desirable that in the interest of justice Petition No.1180 of 2022 may also be
transferred to the District Hathras.
7. Considering the fact that no counter affidavit has been filed to the averments made in the transfer petition as well as supplementary affidavit, the averments made in the transfer petition and supplementary affidavit are unrebutted and are being treated to be true and correct. Therefore, in the interest of justice, Petition No.1180 of 2022 (Sanjay Kumar Vs. Smt. Kamlesh), under Section 13 of Hindu Marriage Act, 1955 is transferred from Family Court, Mathura to the Family Court, Hathras.
8. Accordingly, the transfer application is allowed.
Order Date :- 19.5.2025 Mohit Digitally signed by :- MOHIT KUMAR KUSHWAHA High Court of Judicature at Allahabad