Transfer application allowed. Divorce case moved from Family Court, Nainital to Family Court, Udham Singh Nagar. Directed disposal without adjournments.
Transfer of divorce case from Family Court, Nainital to Family Court, Udham Singh Nagar; expedited disposal directed.
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C-24 No.18 of 2014
Hon’ble Sudhanshu Dhulia, J.
Mr. T.P.S. Takuli, Advocate present for the applicant.
Mr. P.C. Bisht, Advocate present for the respondent.
This is a transfer application filed by the applicant under Section 24 of Code of Civil Procedure with the prayer to transfer the Divorce Case No.02 of 2014 “Prakash Chandra Papney Vs. Smt. Basanti Devi @ Vinita” which has been filed by respondent (husband of the applicant) for dissolution of marriage under Section 13 of Hindu Marriage Act, before Principal Judge, Family Court, Nainital to the Family Court, Udham Singh Nagar.
The case of the applicant is that she stays at Kichchha which is in District Udham Singh Nagar and she will suffer extreme hardships to attend daily proceedings at Family Court, Nainital. In fact, on one occasion an ex-party decree was passed in favour of the respondent for the reason the applicant could not attend the proceeding at Nainital.
On the other hand, learned counsel for the respondent submits that the matter be decided expeditiously.
In the interest of justice and with the aim that the matter be decided expeditiously, the transfer application is allowed. Let the matter be transferred from Family Court, Nainital to Family Court, U.S. Nagar where it shall begin from the stage at which it was left at Family Court, Nainital. It is further directed that the Family Judge shall disposed of the matter very very expeditiously without granting any unnecessary adjournment to any of the parties after issuing fresh notices to the parties.
JKJ
1 issue framed by the court
Whether a divorce suit should be transferred from Family Court, Nainital to Family Court, Udham Singh Nagar to facilitate the applicant's attendance and ensure expeditious justice.
2 provisions across 2 enactments
Basanti Devi @ Vinita
Prakash Chandra Papney
Sudhanshu Dhulia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
