Unknown vs Smt. Neeti Jugran"
2022 Latest Caselaw 969 UK

      IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


                     29th MARCH, 2022

       CIVIL TRANSFER APPLICATION NO.05 OF 2021

Between:

Smt. Neeti Jugran                          ........Applicant
and

Manish Jugran                               ...Respondent


Counsel for the Applicant     :    Mr. Prashant Khanna.

Counsel for the Respondent    :    Mr. Ankit Shah.



Hon'ble 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.507 of 2020, "Manish Jugran

vs. Smt. Neeti Jugran", filed under Section 13 of the Hindu

Marriage Act, 1955, pending before the Principal Judge,

Family Court, Dehradun, to the Family Court, Pauri

Garhwal.

2. Heard Mr. Prashant Khanna, learned counsel for

the applicant and Mr. Ankit Shah, learned counsel for the

respondent.

3. The learned counsel for the applicant submitted

that the applicant and the respondent got married on

04.03.2017. The applicant is residing in her parental

house, situated in District Pauri Garhwal. The Original Suit

No.507 of 2020 has been filed by the husband of the

applicant under Section 13 of the Hindu Marriage Act,

1955, which is pending before the Family Court,

Dehradun. The applicant has to travel 150 kms. to contest

the case before the Family Court, Dehradun. The learned

counsel for the applicant submitted that one brother of the

respondent, namely, Mr. Rajneesh Jugran is working as

Head Operator, Wireless in Dehradun. Smt. Pinky Jugran,

the wife of Mr. Rajneesh Jugran, is presently working with

Mahila Helpline as Head Constable in Dehradun. Mr.

Jagdish Raturi, the brother-in-law of the present

respondent, is also employed with Police Department,

Dehradun as Sub-Inspector and the respondent -

husband, himself, is working with the Police Department

Head Quarter, Dehradun. The learned counsel for the

applicant submitted that there is immense threat to the

life and liberty of the applicant to contest the divorce suit,

filed before the Dehradun court. The learned counsel for

the applicant further submitted that apart from this, the

applicant has also filed an application under Section 12 of

The Protection of Women from Domestic Violence Act,

2005 before the Judicial Magistrate, Pauri Garhwal and one

criminal case under Section 498A of IPC is also pending

against the applicant before the Judicial Magistrate, Pauri

Garhwal.

4. On the other hand, the learned counsel

appearing for the respondent submitted that the

respondent is working with the Police Department,

Dehradun, and, in case, the said divorce petition is

transferred to the Family Court, Pauri Garhwal, the

applicant has to travel 150 kms. to contest the said case.

5. The learned counsel for the respondent relied

upon a judgment of Hon'ble Supreme Court, passed in

Preeti Sharma vs. Manjit Sharma, (2005) 11 SCC

535.

6. The learned counsel for the applicant relied upon

a judgment of Hon'ble Supreme Court, passed in Sumita

Singh vs. Kumar Sanjay and Another, (2001) 10 SCC

41.

7. During the arguments, the learned counsel

appearing for the respondent submitted that in case, the

said divorce suit is transferred from the Family Court,

Dehradun to the Family Court, Pauri Garhwal, the Family

Court, Pauri Garhwal may be directed to take the matter

and decide the same as expeditiously as possible.

8. In the case of Sumita Singh (supra), the

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 Preeti Sharma (supra),

the Hon'ble Supreme Court observed, "If the petitioner

wishes that all cases be tried at one place, she may apply

for the same and we will transfer the cases pending in

Delhi to Muzzaffar Nagar".

9. As per the submissions of the applicant, one

case under Section 12 of The Protection of Women from

Domestic Violence Act, 2005, and one case under Section

498A of IPC are pending before the concerned court,

situated at Pauri Garhwal. Therefore, it will be in the

interest of both the parties that these cases be heard

together at the same place. The learned counsel appearing

for both the parties submitted that the parties will not

seek any unnecessary adjournment.

10. In view of the above facts and circumstances of

the case, the present application is required to be allowed.

11. Consequently, the application of the applicant

filed under Section 24 of the Code of Civil Procedure,

1908, is allowed. The Original Suit No.507 of 2020,

"Manish Jugran vs. Smt. Neeti Jugran", filed under Section

13 of the Hindu Marriage Act, 1955, pending before the

Principal Judge, Family Court, Dehradun is transferred to

the Family Court, Pauri Garhwal, District Pauri Garhwal.

12. 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.

13. A certified copy of this order be sent to the

Principal Judge, Family Court, Dehradun and the Family

Court, Pauri Garhwal, District Pauri Garhwal for necessary

compliance.

___________________ ALOK KUMAR VERMA, J.

Dated: 29th March, 2022 Pant/