Allowed

Smt Renu @ Priya Rastogi v. Sachin Rastogi

Uttarakhand HC20 May 2013C24/8/2013

Case brief

AI extract

What is this about?

The High Court allowed a Civil Transfer Application moving Suit No. 178 of 2012 from Family Court, Haridwar to Family Court, Udham Singh Nagar. The transfer was made under Section 24 of CPC citing the applicant's residence and travel difficulty.

What did the court decide?

The suit No. 178 of 2012 is transferred from Family Court, Haridwar to Family Court, Udham Singh Nagar. The stay application stands disposed of.

Smt Renu @ Priya Rastogi Vs Sachin Rastogi — Civil Procedure and Limitation | Uttarakhand HC (2013)

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IN THE HIGH COURT OF UTTARAKHAND

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Civil Transfer Application No. 08 of 2013 With Stay Application no. 2943 of 2013

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Smt. Renu @ Priya Rastogi W/o Sri Sachin Rastogi D/o Sri Naresh Rastogi R/o A‐232 New Avas Vikas Colony Near State Bank Colony, Gangapur Town and District Rampur, U.P.

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……………. Applicant

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Versus

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Sachin Rastogi S/o Late Sri Rajendra Kumar Rastogi R/o Mohalla Shivpuri Town and Tehsil Laksar District Haridwar

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…………… Respondent

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Mr. Sudhir Kumar, Advocate, present for the applicant. None present for the respondent.

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Hon’ble Prafulla C. Pant,J.

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Heard.

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This application, moved under section 24 of Code of Civil Procedure, 1908, is filed by the applicant Smt. Renu @ Priya Rastogi for transfer of Suit No. 178 of 2012, Sachin Rastogi vs. Smt. Renu @ Priya Rastogi filed by her husband (Sachin Rastogi) under section 9 of Hindu Marriage Act, 1955, from the court of Judge, Family Court, Haridwar to the court of Judge, Family Court, Rudrapur, Udham Singh Nagar.

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Learned counsel for the applicant submitted that applicant Renu @ Priya Rastogi (wife of the respondent) lives presently in her father’s house in District Rampur. It is stated in the affidavit filed with the application for transfer that the applicant is experiencing too much difficulty in traveling to Haridwar, on each date to attend the court. The affidavit filed on behalf of the applicant remains uncontroverted.

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In the above circumstances, in the interest of the justice, the Suit no. 178 of 2012 Sachin Rastogi vs. Smt. Renu @ Priya Rastogi pending in the court of Judge Family Court, Hardiwar is transferred to the court of Judge Family Court, Udham Singh Nagar.

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Accordingly the application under section 24 of C.P.C. 1908 is allowed. Suit no. 178 of 2012 Sachin Rastogi vs. Smt. Renu @ Priya Rastogi (under section 9 of Hindu Marriage Act, 1955) pending in the court of Judge, Family Court, Haridwar, is transferred to the court of Judge, Family Court, Udham Singh Nagar for further proceedings and disposal of the suit. (Stay application no. 2943 of 2013 stands disposed of).

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Parul

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Smt Renu @ Priya Rastogi v. Sachin Rastogi

Case brief

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Smt Renu @ Priya Rastogi v. Sachin Rastogi

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