Pooja vs Sushil Kumar Sharma

Alok Kumar Verma, J

This Civil Transfer Application has been filed under Section 24 of the Code of Civil Procedure, 1908, to transfer the Original Suit No.320 of 2022, “Sushil Kumar Sharma vs. Smt. Pooja”, pending before the Family Court, Haridwar, under Section 9 of the Hindu Marriage Act, 1955, to the Family Court, Dehradun.

Heard Ms. Rajni Rangwal, learned counsel holding brief of Ms. Prabha Naithani, learned counsel for the applicant and Ms. Priyanka Agarwal, learned counsel for the respondent.

The said transfer application has been filed by the wife. Learned counsel for the applicant submitted that applicant has to look after her child, aged about two years, and, who is undergoing medical treatment in Dehradun. Learned counsel for the applicant further submitted that she has filed an application under Section 125 of the Code of Criminal Procedure, 1973 against the respondent, which is pending before the Family Court, Dehradun. Applicant is residing in Dehradun and she will suffer severe hardship if she is compelled to visit Haridwar Court from Dehradun to attend the said case.

After availing sufficient opportunity to file objection to the transfer application, objection has not been filed by the respondent.

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.

In view of the above facts and in submissions of the learned counsel for both the parties, the present Transfer Application is required to be allowed.

Consequently, the application of the applicant, filed under Section 24 of the Code of Civil Procedure, 1908 is allowed accordingly. The Original Suit No.320 of 2022, “Sushil Kumar Sharma vs. Smt. Pooja”, pending before the Family Court, Haridwar under Section 9 of the Hindu Marriage Act, 1955, is transferred to the Family Court, Dehradun.

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.

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