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2010 DIGILAW 103 (UTT)

Anjali Singh v. Virendra Singh

2010-03-12

NIRMAL YADAV

body2010
Judgment Hon'ble Nirmal Yadav, J. Heard Sri Anil Kumar Joshi, learned counsel for the applicant and Sri A.K. Pandey, learned counsel for the respondent. 2- This is an application filed under Section 24 of Code of Civil Procedure for transfer of Original Suit No. 17 of 2009, Virendra Singh vs. Smt. Anjali Singh, pending in the court of District Judge, Champawat filed by respondent under Section 13 of Hindu Marriage Act, to Family Court, Rishikesh or some nearby place. 3- The transfer is sought on the ground that applicant is residing at Rishikesh and she has to travel 300 Kms to pursue the divorce petition filed by the respondent-husband. It is further submitted that applicant's father is in service and therefore he cannot afford to accompany the applicant on each and every date of hearing. 4- The learned counsel for the respondent- husband states that even in an earlier petition filed at District Court Udham Singh Nagar, Rudrapur, the applicant had been attending the courts reguarly. However, the said petition has been withdrawn by the respondent-husband. 5- Having heard the learned counsel for the parties and after going through the material on record and considering the fact that distance between Rishikesh and Champawat is about 300 Kms and that the applicant being lady she will have to be escorted by someone during her journey from Rishikesh to Champawat, I am of the view that it is a fit case to transfer the said suit pending in the court of District Judge, Champawat. 6- Accordingly, Original Suit No. 17 of 2009, Virendra Singh vs. Smt. Anjali Singh, pending in the court of District Judge, Champawat, is transferred to Family Court at Haridwar. The learned District Judge, Champawat is directed to transfer the case record of the said suit to Family Court at Haridwar within a period of one month from the date of supply of certified copy of this order. 7- Accordingly, Application of Transfer is allowed. No order as to costs.