Allowed

Smt Neema Pandey v. Kailash Chand Pandey

Uttarakhand HC8 May 2013C24/29/2012

Case brief

AI extract

What is this about?

This court allowed an application for transfer of a divorce suit filed by the husband against the wife from Nainital to Haridwar. The court found the transfer necessary due to the applicant's inability to travel long distances and the respondent's posting in Mathura.

What did the court decide?

The application under section 24 of CPC for transfer is allowed. Suit No. 153 of 2012 is transferred from Principal Judge, Family Court, Nainital to Judge, Family Court, Haridwar.

Smt Neema Pandey Vs Kailash Chand Pandey — Matrimonial and Divorce | Uttarakhand HC (2013)

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IN THE HIGH COURT OF UTTARAKHAND

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Civil Transfer Application No. 29 of 2012

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Smt. Neema Pandey W/o Kailash Chand Pandey S/o Shri Keshvanand R/o Keshav Nivas, New Reshikul Colony Haridwar, District Haridwar

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……………. Applicant

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Versus

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Kailash Chand Pandey S/o Late Shri Jai Dutt Pandey R/o Village Pampapuri, Ramnagar Tehsil Ramnagar, District Nainital

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…………… Respondent

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Mr. Tapan Singh, Advocate, with Mr. Nikhil Singhal, Advocate, present for the applicant.

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Mr. P.C. Maulekhi, Advocate, 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 is moved under section 24 of code of Civil Procedure, 1908 (for short C.P.C.) by applicant Neema Pandey (wife) for transfer of divorce suit no. 153 of 2012, filed by her husband Kailash Chand Pandey pending before Principal Judge, Family Court, Nainital to the court of Judge, Family Court, Haridwar.

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Brief facts, of the case are that the applicant got married to the respondent on 20.04.2008. A son was born out of the wed‐lock. It appears that on 22.08.2012 respondent Kailash Chand Pandey filed divorce suit no. 153 of 2012 under section 13 of Hindu Marriage Act, 1955 against his wife Neema Pandey (present appellant). It is

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stated in the affidavit filed with the transfer application by the applicant that the applicant has no means of income, and she is unable to travel 300 km. from Haridwar to Nainital to attend the divorce suit regularly there.

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Learned counsel for the respondent stated that the respondent is also not presently living in District Nainital and is posted in District Mathura.

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In the above circumstances, without expressing any opinion as to final merits of the suit pending before the trial court, this Court is of the view that suit deserves to be transferred from the court of Principal Judge, Family Court Nainital to the court of Judge, Family Court, Haridwar.

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Accordingly the application under section 24 of C.P.C. is allowed. Suit No. 153 of 2012 Kailash Chand Pandey vs. Neema Pandey filed under section 13 of Hindu Marriage Act, 1955, is transferred from the court of Principal Judge, Family Court, Nainital to the court of Judge, Family Court, Haridwar, for further proceedings and disposal of the suit. (Interim order dated 28.09.2012, stands vacated).

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(Prafulla C. Pant, J.) 09.05.2013

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Parul

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Smt Neema Pandey v. Kailash Chand Pandey

Case brief

What is this about?

What did the court decide?

Smt Neema Pandey v. Kailash Chand Pandey

Case brief

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What did the court decide?

What the court decided

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