The court can allow the transfer of a suit under the Hindu Marriage Act from one Family Court to another based on the consent of both parties and can direct the transferee court to dispose of the suit within a specified timeframe.

JUDGMENT

Alok Kumar Verma, J. - This Civil Transfer Application has been filed by the applicant – wife under Section 24 of the Code of Civil Procedure, 1908, seeking for transfer of Suit No.171 of 2020, "Devraj vs. Smt. Puspha Bharti @ Poonam", filed under Section 11 of the Hindu Marriage Act, 1955, pending before the Family Court, Udham Singh Nagar (Rudrapur) to the Family Court, Kashipur, District Udham Singh Nagar.

2. Smt. Pushpa Bharti @ Poonam, the applicant, and, Mr. Devraj, the respondent, are present in-person before this Court.

3. Heard Mr. Tapan Singh, the learned counsel holding brief of Mr. Sanjay Kumar, the learned counsel for the applicant and Mr. Mani Kumar, the learned counsel for the respondent.

4. The applicant and the respondent are identified by their respective counsel.

5. Efforts for mediation between the parties are made, but, the mediation could not be successful

6. During the arguments, the learned counsel appearing for the respondent submitted that the suit, pending before the Family Court, Udham Singh Nagar (Rudrapur) may be transferred to the Family Court, Kashipur, District Udham Singh Nagar with the direction to the Family Court, Kashipur to dispose of the said suit within four months.

7. The learned counsel appearing for the applicant is agree with the above submissions of the learned counsel, appearing for the respondent.

8. Therefore, in view of the facts and circumstances of the case and on the consent of the learned counsel for both the parties, the Transfer Application No.68 of 2021 is allowed accordingly. The Suit No.171 of 2020, "Devraj vs. Smt. Puspha Bharti @ Poonam", filed under Section 11 of the Hindu Marriage Act, 1955, pending before the Family Court, Udham Singh Nagar.

9. 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 within four months from the date of receiving the record of the Suit No.171 of 2020.

10. A certified copy of this order be sent to the Family Court, Udham Singh Nagar (Rudrapur) and to the Family Court, Kashipur, District Udham Singh Nagar for necessary compliance.