Allowed

Soniya Alias Sony v. Varun Vashisht

Uttarakhand HC2 Dec 2021C24/74/2021

Case brief

AI extract

What is this about?

This judgment discusses a transfer application filed by a wife under Section 24 of the CPC to transfer her husband's divorce suit from the Family Court, Dehradun, to the Family Court, Haridwar, Rohilkhand, based on mutual consent.

What did the court decide?

The Civil Transfer Application under Section 24 CPC is allowed, and the Original Suit No.403 of 2021 is transferred to the Family Court, Haridwar.

Soniya Alias Sony Vs Varun Vashisht — Civil Procedure and Limitation | 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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2^ND DECEMBER, 2021

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CIVIL TRANSFER APPLICATION No.74 of 2021

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Between:

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Smt. Soniya alias Sony. …Applicant

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and

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Shri Varun Vashisht. …Respondent

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Counsel for the Applicant : Mr. Bhuwan Bhatt.

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Counsel for the Respondent: Mr. Siddhartha Sah.

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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 the Original Suit No.403 of 2021, “Varun Vashisht vs. Soniya alias Sony”, filed under Section 13 of the Hindu Marriage Act, 1955, from the Court of Principal Judge, Family Court, Dehradun to the Family Court, Roorkee, District Haridwar.

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2. Smt. Soniya @ Sony, the applicant, and, Shri Varun Vashisht, the respondent, are present. An effort

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was made to reconciliation between them, but, the reconciliation could not be successful.

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3. Heard Mr. Bhuwan Bhatt, the learned counsel for the applicant and Mr. Siddhartha Sah, the learned counsel for the respondent.

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4. The said case, pending before the Principle Judge, Family Court, Dehradun, is filed by the respondenthusband. This transfer application has been filed by the applicant-wife.

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5. 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 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. The learned counsel appearing for the respondent submitted that in WPMS No.2043 of 2021, this Court has directed the Judge, Family Court, Dehradun, to decide the said case, filed under Section 13 of the Hindu Marriage Act, 1955, expeditiously. However, during the arguments, the learned counsel appearing for both the parties are agree to transfer the said Original Suit No.403 of 2021, “Varun Vashisht vs. Soniya alias Sony”, from the

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Court of the Principal Judge, Family Court, Dehradun to the Family Court, Haridwar.

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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 accordingly.

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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 Original Suit No.403 of 2021, “Varun Vashisht vs. Soniya alias Sony”, filed under Section 13 of the Hindu Marriage Act, 1955, pending in the Court of the learned Principal Judge, Family Court, Dehradun is transferred to the Family Court, Haridwar.

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

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10 . A certified copy of this order be sent to the Principal Judge, Family Court, Dehradun and to the Family Court, Haridwar for necessary compliance.

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___________________ ALOK KUMAR VERMA, J.

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Dt: 2^nd December, 2021 Pant/

Soniya Alias Sony v. Varun Vashisht

Case brief

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Soniya Alias Sony v. Varun Vashisht

Case brief

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