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2021 Supreme(UK) 404
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Alok Kumar Verma, J.
Anju Bisht - Appellant
Versus
Surendra Singh - Respondent
Civil Transfer Application No. 75 of 2021
Decided On : 28-12-2021
Important Points
Subject
Civil Law - Family Law
Act Referred
CRIMINAL PROCEDURE CODE : S.125
HINDU MARRIAGE ACT : S.13(1)
Headnote
Transfer Application - Civil Suit - The court allowed the transfer of a civil suit under Section 13(1) of the Hindu Marriage Act, 1955, from one Family Court to another based on the consent of both parties and the pending cases related to the applicant in the transferee court.
Fact of the Case:
The applicant sought the transfer of a civil suit under Section 13(1) of the Hindu Marriage Act, 1955, from one Family Court to another, citing pending cases related to the applicant in the transferee court.
Finding of the Court:
The court allowed the transfer based on the consent of both parties and the pending cases related to the applicant in the transferee court. The record of the case was ordered to be transferred to the transferee court for expeditious decision.
Issues: Transfer of Civil Suit under Section 13(1) of the Hindu Marriage Act, 1955
Ratio Decidendi: The court considered the pending cases related to the applicant in the transferee court and the consent of both parties as grounds for allowing the transfer.
Final Decision: The Civil Suit No.23 of 2020, under Section 13(1) of the Hindu Marriage Act, 1955, was transferred to the Family Court, Kotdwar, District Pauri Garhwal.
Pulak Agarwal, Advocate, D.C.S. Rawat, Advocate
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.
