Surbhi Gupta vs Nitin Jain

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.04 of 2020, “Nitin Jain vs. Surbhi Jain”, filed under Section 10 and Section 25 of the Guardians and Wards Act, 1890, pending before the Family Court, Haridwar to the Family Court, Haldwani, District Nainital.

Heard Mr. Pranav Singh, learned counsel holding brief of Mr. Anshu Kumar, learned counsel for the applicant and Ms. Prabha Naithani, learned counsel for the respondent.

The applicant – Smt. Surbhi Gupta is present in-person before this Court and she is identified by Mr. Pranav Singh, Advocate.

The applicant – Smt. Surbhi Gupta is an Assistant Professor in Government Degree College, Haldwani, District Nainital. She has filed an affidavit dated 01.05.2022 and mentioned therein, “That the applicant if is transferred from present position Assistant Professor in Government Degree College, Haldwani City Kishenpur, Gaulapar Haldwani, District Nainital PIN code:- 263139 to any other place then the applicant will not file any Civil Transfer Application for the transfer of concerned matrimonial case.”

In view of the said undertaking, the respondent is agree for transfer, however, the learned counsel appearing for the respondent submitted that the transferee court may be directed to take the matter and decide the same as expeditiously as possible.

The learned counsel for the applicant is agree.

As per the submissions of the learned counsel for the parties, the application of the applicant, filed under Section 24 of the Code of Civil Procedure, 1908 is allowed accordingly.

The Original Suit No.04 of 2020, “Nitin Jain vs. Surbhi Jain”, filed under Section 10 and Section 25 of the Guardians and Wards Act, 1890, pending before the Family Court, Haridwar is transferred to the Family Court, Haldwani, District Nainital.

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 as expeditiously as possible.

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