Surbhi Gupta vs Nitin Jain

Alok Kumar Verma, J

Present Application has been filed under Section 407 of the Code of Criminal Procedure, 1973, to transfer the Case No. 224 of 2018, “Surbhi Gupta and Another vs. Nitin Jain”, under Section 125 of the Code of Criminal Procedure, 1973 from Family Court Haridwar to Family Court Haldwani, District Nainital.

Heard Mrs. Sheetal Selwal, learned counsel for the applicant and Mr. Gaurav Pawar, learned counsel holding brief of Mrs. Prabha Naithani, learned counsel for the respondent.

Respondent is the husband of applicant.

Learned counsel for the applicant submitted that applicant is a teacher. Her daughter is suffering from Chronic respiratory disorder. She needs regular care. The distance between Haldwani and Haridwar Court is around 250 Kilometers. One case under Section 9 of the Hindu Marriage Act, 1955, one case under Section 10 and Section 25 of the Guardian and Wards Act, 1890 and a Civil Suit (No. 56 of 2021), “Nitesh Jain vs. Surbhi Gupta”, are pending before the Court situated at Haldwani, District Nainital.

Learned counsel for the respondent, on instructions, submitted that the respondent has no objection on the transfer application.

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 407 of the Code of Criminal Procedure, 1973 is allowed accordingly. The Case No. 224 of 2018, “Surbhi Gupta and Another vs. Nitin Jain”, 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 and as expeditiously as possible.

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