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2021 DIGILAW 684 (UTT)

Sadhana v. Bhaskar Semwal

2021-12-15

ALOK KUMAR VERMA

body2021
JUDGMENT Alok Kumar Verma, J. - This Civil Transfer Application has been filed under Section 24 of the Code of Civil Procedure, 1908, to transfer the Original Suit No.594 of 2020, "Bhaskar Semwal vs. Smt. Sadhana", filed under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955, pending before the Principal Judge, Family Court, Dehradun to the Competent Court of District Rudraprayg. 2. Heard Mr. G.S. Negi, the learned counsel appearing for the applicant and Mr. Mukesh Kumar Kaparwan, the learned counsel appearing for the respondent. 3. Mr. G.S. Negi, the learned counsel appearing for the applicant, submitted that the applicant is currently serving in the Uttarakhand Police in the Rudraprayag District. The learned counsel appearing for the applicant further submitted that it is very difficult for her to travel a distance of 250 kms. from Rudraprayag to Dehradun to contest the said original suit. 4. Mr. Mukesh Kumar Kaparwan, the learned counsel appearing for the respondent, submitted that the applicant has no objection to transfer the said original suit, pending in the Court of Principal Judge, Family Court, Dehradun to the Family Court, Pauri, District Pauri Garhwal. 5. The learned counsel for the applicant is agree with the submissions of the learned counsel for the respondent. 6. 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 Transfer Application No.30 of 2020 is allowed accordingly. The Original Suit No.594 of 2020, "Bhaskar Semwal vs. Smt. Sadhana", filed under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955, pending before the Principal Judge, Family Court, Dehradun is transferred to the Family Court, Pauri, District Pauri Garhwal. 7. 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. 8. A certified copy of this order be sent to the Principal Judge, Family Court, Dehradun and to the Family Court, Pauri, District Pauri Garhwal for necessary compliance.