Uttarakhand High Court
Unknown vs Smt. Sunita" on 25 April, 2023
Author: Alok Kumar Verma
Bench: Alok Kumar Verma
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA
25th APRIL, 2023
CIVIL TRANSFER APPLICATION NO.43 OF 2022
Between:
Smt. Sunita Bhatt .....Applicant
and
Girish Chandra Bhatt .....Respondent
Counsel for the Applicant : Mr. Deep Chandra Joshi,
Advocate through video
conferencing.
Counsel for the Respondent : Mr. Girish Chandra
Lakhchaura, Advocate.
Hon'ble Alok Kumar Verma, J.
Present Transfer Application has been filed under Section 24 of the Code of Civil Procedure, 1908 to transfer the Civil Suit No.110 of 2022, "Girish Chandra vs. Smt. Sunita", pending before Principal Judge, Family Court, Rudrapur, District Udham Singh Nagar under Section 9 of the Hindu Marriage Act, 1955, to Family Court, Ramnagar, District Nainital.
2. Heard Mr. Deep Chandra Joshi, learned counsel for the applicant through video conferencing and Mr. Girish Chandra Lakhchaura, learned counsel for the respondent. 2
3. In compliance of the order dated 23.03.2023, both the parties are present in-person.
4. Efforts to bring about a settlement between the parties could not be successful.
5. Mr. Deep Chandra Joshi, Advocate, for the applicant submitted that one case under Section 125 of the Code of Criminal Procedure, 1973 and one case under Section 12 of the Protection of Women from Domestic Violence Act, 2005 are still pending before the court concerned situated at Ramnagar. He further submitted that applicant is residing at her parental house at Ramnagar. She is dependant upon her father. Therefore, she is unable to travel from Ramnagar to Rudrapur to contest the case.
6. Mr. Girish Chandra Lakhchaura, learned counsel for the respondent, submitted that respondent is always ready to settle disputes, and, he wants to be with the applicant, and for the said purpose he has filed a case under Section 9 of the Hindu Marriage Act, 1955, which is pending before Family Court Rudrapur, District Udham Singh Nagar.
7. In the case of Sumita Singh vs. Kumar Sanjay and Another, (2001) 10 SCC 41 the transfer application was filed by the wife. The Hon'ble Supreme Court observed that it is the husband's suit against the wife. It is the wife's convenience that, therefore, must be looked at. 3
8. In view of the above facts and circumstances of the case, the present application is required to be allowed.
9. Consequently, the application of the applicant, filed under Section 24 of the Code of Civil Procedure, 1908, is allowed. The Civil Suit No.110 of 2022, "Girish Chandra vs. Smt. Sunita", filed under Section 9 of the Hindu Marriage Act, 1955, pending before the Principal Judge, Family Court, Rudrapur, District Udham Singh Nagar is transferred to the Family Court, Ramnagar, District Nainital.
10. The record of the case shall be transferred forthwith to the transferee court, which shall take the matter and shall decide the same according to law as expeditiously as possible.
11. A certified copy of this order be sent to the Principal Judge, Family Court, Rudrapur, District Udham Singh Nagar and the Family Court, Ramnagar, District Nainital for necessary compliance.
__________________ ALOK KUMAR VERMA, J.
th
Dated : 25 April, 2023
Pant/