Allowed

Meena Joshi v. Hem Chandra Joshi

Uttarakhand HC1 Dec 2021C24/50/2021

Case brief

AI extract

What is this about?

This single-paragraph order allowed a Civil Transfer Application filed under Section 24 CPC by an applicant-wife. Acting on the consent of both counsel, the High Court transferred an Original Suit filed under the Hindu Marriage Act from the Family Court, Nainital to the Family Court, Ramnagar, District Nainital.

What did the court decide?

Original Suit No.17 of 2021 transferred from Family Court, Nainital to Family Court, Ramnagar.

Meena Joshi Vs Hem Chandra Joshi — Service and Employment | 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.50 of 2021

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Between:

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Smt. Meena Joshi. …Applicant

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and

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Hem Chandra Joshi. …Respondent

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Counsel for the Applicant : Mr. Prem Kaushal.

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Counsel for the Respondent: Ms. Vandana Singh Mehra.

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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 Original Suit No.17 of 2021, “Hem Chandra Joshi vs. Meena Joshi”, filed under Section 13 of the Hindu Marriage Act, 1955, from the Family Court, Nainital to the Family Court, Kashipur, District Udham Singh Nagar.

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2. Heard Mr. Prem Kaushal, the learned counsel for the applicant and Ms. Vandana Singh Mehra, the learned counsel for the respondent.

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3. Mr. Prem Kaushal, the learned counsel for the applicant, submitted that the marriage between the parties was solemnized on 19.10.2018. The applicant is residing with her one year old son in her parental house, situated in Tehsil Kashipur, District Udham Singh Nagar.

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4 . During the arguments, the learned counsel of both the parties submitted that the said case may be transferred to the Family Court, Ramnagar, District Nainital.

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5. In view of the above facts and circumstances of the case and on the consent of the learned counsel for both the parties, the present application is required to be allowed accordingly.

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6. Consequently, the application of the applicant, filed under Section 24 of the Code of Civil Procedure, 1908 is allowed. The Original Suit No.17 of 2021, “Hem Chandra Joshi vs. Meena Joshi”, filed under Section 13 of the Hindu Marriage Act, 1955, is transferred from the Family Court, Nainital to the Family Court, Ramnagar, District Nainital.

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7 . The record of the case shall be forthwith transferred 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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8 . A certified copy of this order be sent to the Family Court, Nainital, District Nainital and to the Family Court, Ramnagar, District Nainital for necessary compliance.

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___________________ ALOK KUMAR VERMA, J.

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Dt: 1^st December, 2021 Neha

Meena Joshi v. Hem Chandra Joshi

Case brief

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Meena Joshi v. Hem Chandra Joshi

Case brief

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What did the court decide?

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