Allowed

Shalini Negi v. Ashish Negi

Uttarakhand HC1 Dec 2021C24/25/2021

Case brief

AI extract

What is this about?

A single-judge bench of the High Court of Uttarakhand allowed a transfer of a pending matrimonial case from Family Court, Rishikesh to Family Court, Kotdwar to facilitate the applicant wife, considering her convenience and residence.

What did the court decide?

The pending case No. 29 of 2021, A. Negi vs. S. Negi, filed under Section 9 of the Hindu Marriage Act, pending in Family Court, Rishikesh, District Dehradun, is transferred to Family Court, Kotdwar, D

Shalini Negi Vs Ashish Negi — Matrimonial and Divorce | Uttarakhand HC (2021)

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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL

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THE HON’BLE SRI JUSTICE ALOK KUMAR VERMA

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1^ST DECEMBER, 2021

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CIVIL TRANSFER APPLICATION No.25 of 2021

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Between:

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Smt. Shalini Negi. …Applicant

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and

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Ashish Negi. …Respondent

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Counsel for the Applicant : Mr. M.S. Bisht.

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Counsel for the Respondent: Mr. B.M. Pingal.

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Hon’ble Alok Kumar Verma,J.

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This Civil Transfer Application has been filed by the applicant-wife, under Section 24 of the Code of Civil Procedure, 1908 seeking for transfer of Case No.29 of 2021, “Ashish Negi vs. Shalini Negi”, filed under Section 9 of the Hindu Marriage Act, 1955, pending in the court of the Family Court, Rishikesh, District Dehradun to the court of the Family Court, Kotdwar, District Pauri Garhwal.

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2. Heard Mr. M.S. Bisht, the learned counsel for the applicant and Mr. B.M. Pingal, the learned counsel for the respondent.

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3. Mr. M.S. Bisht, the learned counsel for the applicant, submitted that the applicant and the respondent got married on 08.06.2019 according to the Hindu rites at Kotdwar, District Pauri Garhwal and out of the said wedlock, one child, namely, Rudra, was born on 13.03.2020. The applicant is residing with her son and her parents in her parental house situated in Tehsil Kotdwar, District Pauri Garhwal. After filing the said matrimonial case, the applicant has filed a petition under Section 13 of the Hindu Marriage Act, 1955 before the Family Court, Kotdwar. The learned counsel for the applicant further submitted that the applicant has to travel 110 k.m. to contest the case before the court of the learned Additional Judge, Family Court, Rishikesh and for attending the court proceedings at Rishikesh along with her minor son, one helper is required.

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4. Mr. B.M. Pingal, the learned counsel for the respondent opposed the submissions of the learned counsel for the applicant orally. However, he conceded that the applicant has filed a petition under Section 13 of the Hindu Marriage Act, 1955 before the Family Court, Kotdwar, District Pauri Garhwal.

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5. In the case of Sumita Singh Vs. Kumar Sanjay and Another, (2001) 10 SCC 41, a transfer

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application was filed by the wife. The Hon’ble Supreme Court observed that it is the husband’s suit against the wife. It is the wife’s convenience that, therefore, must be looked at.

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6. As per the submissions of the applicant, one case under Section 13 of the Hindu Marriage Act, 1955 is pending in the Family Court, Kotdwar. Therefore, it will be in the interest of both the parties that both the cases be heard together by the same Court. According to the applicant, there is none to look after her son and her parents. In Sumita Singh (Supra), the Hon’ble Supreme Court has observed that it is convenience of the wife that must be looked at.

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7. In view of the above facts and circumstances of the case, the present application is required to be allowed.

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8. Consequently, the application of the applicant, filed under Section 24 of the Code of Civil Procedure, 1908 is allowed. The Case No.29 of 2021, “Ashish Negi vs. Shalini Negi”, filed under Section 9 of the Hindu Marriage Act, 1955, pending in the Family Court, Rishikesh, District Dehradun is transferred to the Family Court, Kotdwar, District Pauri Garhwal.

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9 . The record of the case shall be transferred forthwith to the transferee court, which shall take the matter and shall decide the same according to law and as expeditiously as possible.

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10 . A certified copy of this order be sent to the Family Court, Rishikesh, District Dehradun and the Family Court, Kotdwar, District Pauri Garhwal for necessary compliance.

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___________________ ALOK KUMAR VERMA, J.

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Dt: 1^st December, 2021 Neha

Shalini Negi v. Ashish Negi

Case brief

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Shalini Negi v. Ashish Negi

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