Allowed

Smt. Mamta v. Ram Naresh Balmiki

Uttarakhand HC9 May 2013C24/40/2012

Case brief

AI extract

What is this about?

Single judge upheld the transfer of a suit for restitution of conjugal rights pending in Udham Singh Nagar to Bageshwar due to the petitioner's poverty and inability to travel. The interim order of 14.12.2012 was vacated.

What did the court decide?

Suit No. 358 of 2011 transferred from Judge Family Court, Udham Singh Nagar to Civil Judge Senior Division Bageshwar; interim order of 14.12.2012 vacated.

Smt. Mamta Vs Ram Naresh Balmiki — 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. 40 of 2012

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Smt. Mamta Devi W/o Sri Ram Naresh Balmiki D/o Dhri Battan Balmiki R/o Station Road Ghatbagad ward, Bageshwar Tehsil-Bageshwar, District Bageshwar

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……………...... Petitioner

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Versus

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Shri Ram Naresh Balmiki S/o Shri Chiranjee Lal R/o Primary Health Centre Shakti Farm Thana and Tehsil Sitarganj District Udham Singh Nagar

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………......................Respondent

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Shri Ganesh Kandpal, Advocate, present for the petitioner.

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Hon’ble Prafulla C. Pant, J.

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Heard.

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(2) By means of this petition filed under Section 24 of the Code of Civil Procedure 1908, the petitioner has sought transfer of Suit No. 358 of 2011 Ram Naresh vs. Smt. Mamta (Under Section 9 of Hindu Marriage Act, 1955) pending in the court of Judge Family Court, Udham Singh Nagar, to

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competent Court in District Bageshwar.

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(3) Brief facts of the case are that, the petitioner got married to the respondent about nineteen years back and the couple has three children. It appears that the respondent (husband) has filed a petition under Section 9 of Hindu Marriage Act, 1955, before Judge Family Court, Udham Singh Nagar, against the present petitioner (Smt. Mamta) for restitution of conjugal rights.

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(4) It is stated in the petition filed before this Court, supported by affidavit that the present petitioner Smt. Mamta Devi is a poor woman, and she is unable to go to Udham Singh Nagar, on every date to defend the case filed by her husband. At present, she is living in her father's house in Bageshwar.

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(5) The respondent was served with the notice but he has not contested the petition filed for transfer of the suit.

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(6) In the above circumstances, the averments made in affidavit filed with the petition under Section 24 of C.P.C, are accepted.

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(7) Therefore, the petition under Section 24 of Code

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of Civil Procedure 1908, is disposed of, with the direction that the Suit No. 358 of 2011 Ram Naresh vs. Smt. Mamta ( under section 13 of Hindu Marriage Act, 1955), pending in the court of Judge Family Court, Udham Singh Nagar, is transfered to the Court of Civil Judge Senior Division Bageshwar (as there is no Family Court in Bageshwar) no further proceedings and disposal of the suit. Interim order dated 14.12.2012 stands vacated.

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(Prafulla C. Pant, J.)

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Dt.09.05.2013

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N.P

Smt. Mamta v. Ram Naresh Balmiki

Case brief

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Smt. Mamta v. Ram Naresh Balmiki

Case brief

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