Court No. - 9

Case :- TRANSFER APPLICATION (CIVIL) No. - 30 of 2019

Applicant :- Shraddha Shukla

Opposite Party :- Gaurav Awasthi

Counsel for Applicant :- Vinayak Mithal

Counsel for Opposite Party :- Sushil Kumar Tiwari

Hon'ble Jayant Banerji,J.

Heard Shri Vinayak Mithal, learned counsel for the applicant

and Shri Sushil Kumar Tiwari, learned counsel for the opposite

party. Though no vakalatnama of Shri Sushil Kumar Tiwari,

Advocate appears on record, however, since a counter affidavit

has been filed by him which has been sworn by the opposite

party, he has been permitted to make submissions in the matter.

This transfer application has been filed by the wife of the

opposite party to transfer the Divorce Petition No. 490 of 2018

(Gaurav Awasthi Vs. Shraddha Shukla) filed under Section 13

of the Hindu Marriage Act pending before the Principal Judge,

Family Court, Fatehpur to District Court at Gautam Budh

Nagar, Greater Noida.

It paragraph no. 4 of the affidavit, it has been stated that the

applicant along with the respondent are permanent residents of

Noida where they have been cohabiting since the year 2015 in

their Matrimonial House No. 607, Tower- 6, Paras Season,

Sector- 168, Greater Noida- 201301 (UP). In paragraph no. 5 it

has been stated that the marriage of the applicant and the

respondent was solemnized in Kanpur and thereafter the

applicant and the respondent came to Pandav Nagar, New Delhi

and after the allotment of their own apartment, they have been

shifted to House No. 607, Tower- 6, Paras Season, Sector- 168,

Greater Noida- 201301 (UP). It has further been stated in that

paragraph that since then, they have been residing at that

permanent address. In paragraph no. 15 it has been stated that

the divorce petition has been filed in Fatehpur which place has

no nexus to the present matrimonial home of the applicant and

the respondent which is situated at the Noida and it has been

further stated that the divorce petition has been filed by the

respondent only with an ulterior motive to harass the applicant

who is solely dependent for her livelihood on her job at

Ghaziabad.

In the counter affidavit filed, the contents of paragraph nos. 4, 5

and 15 of the affidavit of the transfer application have not been

specifically denied. The contents of the paragraph nos. 4, 5 and

15 of the counter affidavit are as follows:

"4. That the contents of paragraph no. 4 of the affidavit filed in support of

the application is not admitted as stated and denied in reply it is submitted

that it is true the House No. 607, Tower- 6, Paras Season, Sector- 168,

Greater Noida- 201301 Uttar Pradesh has been purchased by the

answering respondent from his life savings and the answering respondent

is regularly paying the installments of the aforesaid flat at present each and

every month from his salary, it is also admitted that the applicant is

presently residing at the house of answering respondent with her mother

and other family members, but the answering respondent has been

forcefully throw out from his personal house with his parents by the

applicant and her family member after badly insulting, abusing and threat

for life and false implication of criminal case.

5. That the contents of paragraph no. 5 of the affidavit filed in support of

the application is admitted the answering respondent has been shifted the

personal house after purchasing by his life savings and he is also paying

the installments at present.

15. That the contents of paragraph no. 15 of the affidavit filed in support

of the application is not admitted as stated in reply it is submitted that the

after forcefully throw out from his home the city is not safe for the

answering respondent, after losing his home there is no option before the

answering respondent to return back to Fatehpur with his parents, for this

reason the divorce petition is filed in Fatehpur, the job is always the first

priority of the applicant, a