The High Court of Uttarakhand dismissed an application for transfer of a divorce petition from Hardwar to Roorkee. The court held that no substantial useful purpose would be served by the transfer.
Application to transfer petition dismissed; interim order of 14.06.2012 vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Civil Transfer Application No. 19 of 2012
Smt. Babita Thapa D/o Late Govind Singh Bhandari W/o Gopal Ram Thapa R/o House No. 106, Ashok Nagar Post Office Milapnagar, Roorkee Tehsil Roorkee, District Hardwar
……………...... Applicant
Versus
Gopal Ram Thapa S/o Prem Ram Thapa R/o Village Dewat, P.O. Dharchula Distrcit Pithoragarh Presently R/o Raja Garden, Jagjeetpur Tehsil and District Hardwar
………......................Respondent
Shri Mohd. Safdar, Advocate, present for the applicant. Shri Mohd. Allauddin, Advocate, holding brief of Shri Manish Arora, Advocate, present for the respondent.
Hon’ble Prafulla C. Pant, J.
Heard.
(2) By means of this application moved under Section 24 of the Code of Civil Procedure 1908, the applicant Babita Thapa has sought transfer of Petition No. 130 of 2010 Gopal Ram Thapa vs. Babita Thapa (filed Under Section 13 of Hindu Marriage Act, 1955, by her husband) from the Court of
2
Judge Family Court, Hardwar, to the Court of Judge Family Court, Roorkee.
(3) The distance between Hardwar and Roorkee is hardly 30 kms. It is admitted in para -6 of the affidavit filed with the application that the respondent (husband) has his permanent residence in Village Dewat, Tehsil Dharchula of District Pithoragarh, which is at a distance of more than 300 kms from Hardwar. Marriage between the parties is said to be solemnized in Hardwar.
(4) In the above circumstances, having considered submissions of learned counsel for the parties, this Court is of the view that no substantial useful purpose is going to be served by transferring the suit from the Court of Judge Family Court, Hardwar, to the Court of Additional Judge Family Court, Roorkee.
(5) Therefore, without expressing any opinion as to final merits of the case, pending before the trial court, the application under Section 24 of Code of Civil Procedure 1908, is hereby dismissed. Interim order dated 14.06.2012, is hereby vacated.
(Prafulla C. Pant, J.)
N.P
Dt.21.05.2013
1 issue framed by the court
Whether a transfer of a divorce petition filed under Section 13 of the Hindu Marriage Act from Judge Family Court, Hardwar, to Judge Family Court, Roorkee, would serve a substantial useful purpose giv
1 provisions across 1 enactments
Smt. Babita Thapa
Gopal Ram Thapa
Prafulla C. Pant
As recorded by the court registry
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