Pooja Bhatt vs Ravindra Bhatt

Alok Kumar Verma,J

This Civil Transfer Application has been filed under Section 24 of the Code of Civil Procedure, 1908, to transfer the Case No.157 of 2021, “Ravindra Bhatt vs. Smt. Pooja Bhatt”, filed under Section 13 of the Hindu Marriage Act, 1955, pending before the court of Civil Judge (Senior Division), Pithoragarh to the court of Civil Judge (Senior Division), Champawat, since there is no Family Court in Champawat.

Heard Mr. Devesh Upreti, the learned counsel appearing for the applicant and Mr. Amit Kapri, the learned counsel appearing for the respondent.

The learned counsel appearing for the respondent submitted that the applicant has filed an application under Section 125 of the Code of Criminal Procedure, 1973, against the respondent before the Chief Judicial Magistrate, Champawat and the respondent has moved an application under Section 407 of the Code of Criminal Procedure, 1973, to transfer the said case, filed under Section 125 of Cr.P.C. to the court of Chief Judicial Magistrate, Pithoragarh.

Admittedly, the marriage of the applicant and the respondent was solemnized on 07.05.2019 and the applicant is residing in her parental house, situated in District Champawat.

The learned counsel appearing for the applicant submitted that being a lady, the applicant is unable to attend the proceedings of the divorce petition before the court, situated at District Pithoragarh, without the assistance of any other male person.

The learned counsel appearing for the respondent submitted that the respondent is agree to transfer the said case to the court of Champawat. He further submitted that the concerned court may be directed to decide the petition, filed under Section 13 of the Hindu Marriage Act, in accordance with the provisions of Section 21 B of the said Act, 1955.

The learned counsel appearing for the applicant has no objection. Both the parties undertake that the parties will not move any unnecessary adjournment in the said case.

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 circumstances of the case, the present Transfer Application No.73 of 2021 is required to be allowed.

Consequently, the application of the applicant, filed under Section 24 of the Code of Civil Procedure, 1908 is allowed. The Case No.157 of 2021, “Ravindra Bhatt vs. Smt. Pooja Bhatt”, filed under Section 13 of the Hindu Marriage Act, 1955, pending before the court of Civil Judge (Senior Division), Pithoragarh is transferred to the court of Civil Judge (Senior Division), Champawat.

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 court of Civil Judge (Senior Division), District Pithoragarh and the court of Civil Judge (Senior Division), Champawat, District Champawat for necessary compliance.