C24/103/2022
2023 Latest Caselaw 621 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

      THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI


      CIVIL MISC. TRANSFER APPLICATION (C-24) NO. 103 OF 2022




                         14th MARCH, 2023

Between:

Lovish Goel                               ......    Petitioner/Applicant


and


Yasha Agarwal                         ......               Respondent



Counsel for the petitioner    :       Mr. Sanjeev      Singh,   learned
                                      counsel

Counsel for the respondent      :     --



The Court made the following:


JUDGMENT:

The petitioner has preferred the present

transfer application, under Section 24 of the Code of

Civil Procedure, to seek transfer of the case No. M124 of

2020, Lovish Goel Vs Yasha Agarwal, under Section 340

Cr.P.C., from the court of learned Additional Family

Judge, Roorkee, District Haridwar to any other court,

except the courts at Haridwar, or to any other court

having jurisdiction of similar nature.

2) The petitioner has preferred a divorce petition

against the respondent under Section 13 of the Hindu

Marriage Act. After the respondent filed her written

statement, the petitioner has preferred the aforesaid

application under Section 340 Cr.P.C.

3) The ground on which the petitioner is seeking

transfer is that the learned Judge, Family Court, Roorkee

is pressurizing him to withdraw the said application

under Section 340 Cr.P.C. In response to a query by the

Court, learned counsel for the petitioner states that

there is no order passed by the Family Court on the said

application, one way or another, and there is nothing on

record to indicate that the learned Judge, Family Court,

Roorkee is verbally pressurizing the petitioner to

withdraw the said application under Section 340 Cr.P.C.

4) I am not satisfied with the ground taken by

the petitioner to seek transfer of the said application

under Section 340 Cr.P.C. to any other court. There is

no reason for this Court to doubt that the learned Judge,

Family Court, Roorkee shall deal with the matter,

including the application under Section 340 Cr.P.C,

preferred by the petitioner, on its own merits, and that

the learned Judge, Family Court, Roorkee shall pass a

reasoned order, as and when the said application is

taken up for hearing.

5) This application is, accordingly, dismissed.

________________ VIPIN SANGHI, C.J.

Dt: 14th MARCH, 2023 Negi