Allowed

Smt Nandi Devi v. Kailash Chandra Lakheda

Uttarakhand HC3 May 2013C24/32/2012

Case brief

AI extract

What is this about?

The High Court of Uttarakhand allowed a transfer application. A suit for restitution of conjugal rights pending in Almora was transferred to the Family Court at Nainital in the interest of justice and convenience. The previous interim order was vacated.

What did the court decide?

Suit No. 75 of 2012 transferred from Civil Judge (Senior Division), Almora, to Judge, Family Court, Nainital, for trial at District Head Quarter, Nainital.

Smt Nandi Devi Vs Kailash Chandra Lakheda — Matrimonial and Divorce | Uttarakhand HC (2013)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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Civil Transfer Application No. 32 of 2012

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Smt. Nanda Devi, W/o Sri Kailash Chandra Lakheda, D/o Late Leeladhar Upreti, R/o At present Prabhat Colony, Vishwanath Mandir, Kashipur, District Udham Singh Nagar.

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….….. Applicant/petitioner.

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Versus

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Kailash Chandra Lakheda, S/o Sri Dharmanand Lakheda, R/o Village Basai, Tehsil Bhikiyasen, District Almora.

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……..Respondent

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Mr. Bharat Tiwar, Advocate, present for the petitioner. Mr. C.S. Rawat, Advocate, present for the respondent.

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Hon’ble Prafulla C. Pant, J.

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Counter affidavit filed on behalf of the respondent before this Court is taken on record.

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Heard.

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By means of this petition moved under Section 24 of Code of Civil Procedure 1908, the petitioner has sought transfer of Suit No. 75 of 2012, Kailash Chandra Lakheda Vs. Smt. Nandi Devi, filed under Section 9 of Hindu Marriage Act, 1955, pending in the court of Civil

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Judge (Senior Division), Almora, to the court of Judge, Family Court, Nainital.

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Brief facts of the case are that the petitioner got married to the respondent on 26.11.2011, at Peeru Madar, Ramnagar, District Nainital. The respondent Kailash Chandra Lakhera (husband) lives in Village Basai in Tehsil Bhikiyasen, District Almora. He has filed a Suit No. 75 of 2012, for Restitution of Conjugal Rights, under Section 9 of Hindu Marriage Act, 1955, before the Civil Judge (Senior Division), Almora.

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Learned counsel for the petitioner (wife) submitted that she being a woman is feeling too much difficulty in going to Almora, to attend the litigation on each date to defend her rights.

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Shri. C.S. Rawat, learned counsel for the respondent (husband) expressed apprehension on account of alleged threat from the cousin of the petitioner, who lives in Ramnagar.

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Having heard learned counsel for the parties, and after going through the affidavit and counter affidavit on record, this Court is of the view that in the interest of justice, Suit No. 75 of 2012, filed by the husband (Kailash Chandra Lakhera), before the Civil Judge (Senior Division) Almora deserves to be transferred to Judge, Family Court, Nainital.

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Accordingly, the petition under Section 24 of Code of Civil Procedure, 1908 is allowed. Suit No. 75 of 2012, Kailash Chandra Lakheda Vs. Smt. Nandi Devi, filed under Section 9 of Hindu Marriage Act, 1955, is hereby transferred from the court of Civil Judge (Senior Division), Almora, to the court of Judge, Family Court, Nainital, for further proceedings and disposal of the case. It is clarified that the case shall be tried at District Head Quarter, Nainital (not at Camp Ramnagar). Interim order dated 16.10.2012, stands vacated.

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(Prafulla C. Pant, J.)

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03.05.2013 JM

Smt Nandi Devi v. Kailash Chandra Lakheda

Case brief

What is this about?

What did the court decide?

Smt Nandi Devi v. Kailash Chandra Lakheda

Case brief

What is this about?

What did the court decide?

What the court decided

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