Allowed

Smt. Pushpa v. Pushkar Singh

Uttarakhand HC10 May 2013C24/25/2012

Case brief

AI extract

What is this about?

Allowed a transfer application under CPC Section 24. Transferred a divorce suit filed under Hindu Marriage Act Section 13 from Civil Judge Almora to Family Court Nainital due to the applicant's fear for her life, while vacating an interim order.

What did the court decide?

Suit No. 62 of 2012 transferred from Civil Judge (Sr. Div.) Almora to Principal Judge, Family Court, Nainital; interim order dated 04.09.2012 vacated.

Smt. Pushpa Vs Pushkar Singh — Matrimonial and Divorce | Uttarakhand HC (2013)

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IN THE HIGH COURT OF UTTARAKHAND

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Civil Transfer Application No. 25 of 2012

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Smt. Pushpa W/o Shri Pushkar Singh D/o Shri Chandan Singh Rautela R/o Village Hartapa, P.O. Ratighat District Nainital

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……………. Applicant

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Versus

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Shri Pushkar Singh S/o Shri Pooran Singh R/o Village Tana, P.O. Pilkholi District Almora

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…………… Respondent

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Mr. Sudhir Chandra Shah, Advocate, present for the applicant.

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Hon’ble Prafulla C. Pant,J.

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Heard.

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By means of this petition moved under section 24 of Code of Civil Procedure, 1908 (for short C.P.C.) the applicant has sought transfer of suit no. 62 of 2012 Pushkar Singh vs. Pushpa (filed under section 13 of Hindu Act, 1955) pending in the court of Civil Judge (Sr. Div.) Almora, to the court of Principal Judge, Family Court, Nainital.

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Brief facts, of the case are that the applicant got married to the respondent (Pushkar Singh) on 25.05.2011 in village Hartapa, P.O. Ratighat, District Nainital. It appears that after the marriage, matrimonial

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relations between the parties got soured and respondent Pushkar Singh filed divorce petition before Civil Judge (Sr. Div.) Almora, which was registered as suit no. 62 of 2012. On the other hand, present applicant moved an application under section 125 Cr.P.C., before Principal Judge, Family Court, Nainital, against the respondent.

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In para 8 of the affidavit filed with the present application for transfer of the suit (filed by the husband for divorce) it has been stated that there is danger to the life of the applicant in District Almora, and on every date she is required to request her father to accompany her while attending the court in Almora. No counter affidavit has been filed to controvert the contents of affidavit filed by the applicant.

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Having considered submissions of learned counsel for the applicant, without expressing any opinion as to final merits of the divorce suit pending before the trial court, this Court is of the view in the interest of justice the suit filed by the husband before Civil Judge (Sr. Div) Almora, deserves to be transferred to the court of Principal Judge, Family Court, Nanital.

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Accordingly the application under section 24 of C.P.C. 1908 is allowed. Suit No. 62 of 2012 filed by respondent Pushkar Singh against Smt. Pushpa (under section 13 of Hindu Marriage Act, 1955) is transferred from the court of Civil Judge (Sr. Div.) Almora, to the court of Principal Judge, Family Court, Nainital, for further proceeding and disposal of the suit. (Interim order dated 04.09.2012 passed by this Court stands vacated).

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Parul

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(Prafulla C. Pant, J.) 10.05.2013

Smt. Pushpa v. Pushkar Singh

Case brief

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Smt. Pushpa v. Pushkar Singh

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