Allowed

Deepa Joshi v. Saurabh Joshi

Uttarakhand HC6 Dec 2021C24/49/2021

Case brief

AI extract

What is this about?

This order grants a civil transfer application seeking to move a Hindu Marriage Act suit from the Family Court, Nainital, to the Family Court, Haldwani. The court allowed the transfer based on the wife's convenience regarding her minor child's attendance and the respondents' consent.

What did the court decide?

Transfer of Civil Suit No.28 of 2021 from Family Court, Nainital to Family Court, Haldwani.

Deepa Joshi Vs Saurabh Joshi — 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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6^TH DECEMBER, 2021

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CIVIL TRANSFER APPLICATION No.49 of 2021

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Between:

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Smt. Deepa Joshi. …Applicant

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and

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Saurabh Joshi. …Respondent

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Counsel for the Applicant : Mr. Manoj Joshi.

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Counsel for the Respondent: Mr. D.N. Sharma and Mrs. Manju Bahuguna.

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Hon’ble Alok Kumar Verma,J.

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This Civil Transfer Application has been filed by

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the applicant-wife, under Section 24 of the Code of Civil Procedure, 1908 seeking for transfer of Civil Suit No.28 of 2021, “Saurabh Joshi vs. Deepa Joshi”, filed under Section 9 of the Hindu Marriage Act, 1955, pending before the Family Court, Nainital to the court of the Family Court, Haldwani, District Nainital.

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2. Heard Mr. Manoj Joshi, the learned counsel for

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the applicant and Mr. D.N. Sharma, the learned counsel with Mrs. Manju Bahuguna, the learned counsel for the respondent.

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3. Smt. Deepa Joshi, the applicant, and, Shri Saurabh Joshi, the respondent, are present in-person. They are identified by their respective counsel. An effort was made to reconciliation between them, but, the reconciliation could not be successful.

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4. Mr. Manoj Joshi, the learned counsel appearing for the applicant, submitted that the applicant and the respondent got married on 22.05.2019 according to the Hindu rites. The applicant is residing with her son, aged about one year, in Gram Baghjala, Phatehpur, Taliya, Kotabagh, Police Station Kaladhungi, District Nainital. After filing the said matrimonial case under Section 9 of the Hindu Marriage Act, the applicant has filed a petition under Section 12 of the Hindu Marriage Act, 1955 before the Family Court, Haldwani. The learned counsel appearing for the applicant further submitted that the applicant has to travel to the Family Court, Nainital for attending the court proceedings along with her minor son.

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5. Mr. D.N. Sharma, the learned counsel appearing for the respondent, has no objection to transfer the said case, pending before the Family Court, Nainital to the Family Court Haldwani.

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6. In the case of Sumita Singh Vs. Kumar Sanjay and Another, (2001) 10 SCC 41, a transfer application was filed by the wife. The Hon’ble Supreme

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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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7. In view of the above facts and circumstances of the case and on the consent of both the parties, the present C-24 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 Civil Suit No.28 of 2021, “Saurabh Joshi vs. Deepa Joshi”, filed under Section 9 of the Hindu Marriage Act, 1955, pending in the Family Court, Nainital, District Nainital is transferred to the Family Court, Haldwani, District Nainital.

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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, Nainital, District Nainital and the Family Court, Haldwani, District Nainital for necessary compliance.

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___________________ ALOK KUMAR VERMA, J.

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Dt: 6^th December, 2021 Pant/

Deepa Joshi v. Saurabh Joshi

Case brief

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Deepa Joshi v. Saurabh Joshi

Case brief

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