Consent of both parties and pending cases related to the applicant in the transferee court can be grounds for allowing the transfer of a civil suit.

JUDGMENT

Alok Kumar Verma, J. - This Civil Transfer Application has been filed under Section 24 of the Code of Civil Procedure, 1908, seeking for transfer the Civil Suit No.23 of 2020,"Surendra Singh vs. Smt. Anju Bisht", under Section 13(1) of the Hindu Marriage Act, 1955, pending before the court of Family Judge, Pauri, District Pauri Garhwal to the Family Court, Kotdwar, District Pauri Garhwal.

2. Smt. Anju Bisht, the applicant and Shri Surendra Singh, the respondent are present in-person.

3. An effort was made for re-conciliation, but, the re-conciliation could not be successful.

4. Heard Mr. Pulak Agarwal, the learned counsel appearing for the applicant and Mr. D.C.S. Rawat, the learned counsel appearing for the respondent.

5. During the arguments, the learned counsel appearing for the applicant submitted that an application under Section 125 of the Code of Criminal Procedure, 1973, and an application under the provisions of the Protection of Women from Domestic Violence Act, 2005, have been filed by the applicant and these two cases are pending before the Family Court, Kotdwar, District Pauri Garhwal.

6. The learned counsel appearing for both the parties are agree to transfer the said Civil Suit No.23 of 2020,"Surendra Singh vs. Smt. Anju Bisht", to the Family Court, Kotdwar, District Pauri Garhwal.

7. Therefore, in view of the above facts and circumstances of the case and on the consent of the learned counsel for both the parties, the Civil Transfer Application No.75 of 2021 is allowed accordingly. The Civil Suit No.23 of 2020,"Surendra Singh vs. Smt. Anju Bisht", under Section 13(1) of the Hindu Marriage Act, 1955, pending before the Family Court, Pauri, District Pauri Garhwal is transferred to the Family Court, Kotdwar, District Pauri Garhwal.

8. The record of the case shall be forthwith transferred to the transferee Court, which shall take up the matter and shall decide the same according to law as expeditiously as possible.

9. A certified copy of this order be sent to the Family Court, Pauri, District Pauri Garhwal and to the Family Court, Kotdwar, District Pauri Garhwal for necessary compliance.