Allahabad High Court
Vivek Sing @ Tinku vs Shalini Singh on 30 January, 2015
Author: Sudhir Kumar Saxena
Bench: Sudhir Kumar Saxena
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 1 Case :- TRANSFER APPLICATION (CIVIL) No. - 218 of 2014 Applicant :- Vivek Sing @ Tinku Opposite Party :- Shalini Singh Counsel for Applicant :- Santosh Kumar,J.P. Srivastava,Kashif Zaidi Hon'ble Sudhir Kumar Saxena,J.
This transfer application has been filed seeking transfer of case no. 127/2014 (Shalini Singh vs. Vivek Singh @ Tinku) from the court of Principal Judge, Family Court, Kaushambi to any other neighboring district. Matter was referred to Mediation Centre vide order dated 15.05.2014 but report of centre shows that mediation was not successful.
Allegation made in the application is that father of respondent-Smt. Shalini Singh is a practicing Advocate at Kaushambi and applicant apprehends threat to his life in court campus at Kaushambi. He was beaten by father of respondent and his associates, on 17.04.2014 at the gate of court campus. Application mentioning above statement was moved before Superintendent of Police, Kaushambi.
It is specifically stated in para- 26 that applicant is not being permitted to enter the court premises to contest his case.
Since no counter affidavit has been filed, allegation made in the affidavit have to be believed.
Consequently, application is allowed.
Case no. 127/2014 filed under Section 13 of Hindu Marriage Act is transferred from Principal Judge, Family Court, Kaushambi to Principal Judge, Family Court, Allahabad.
Record will be transmitted within fifteen days by District Judge, Kaushambi to District Judge, Allahabad for trial by Principal Judge, Family court, Allahabad.
Parties will appear before the family court on 20.02.2015.
Order Date :- 30.1.2015 Nitesh