HARI PRIYA Vs. MOHAN SINGH MAWRI

JUDGEMENT

(1.) Heard Mr. Kurban Ali, the Learned Counsel for the petitioner and Mr. Sarvesh Agarwal, the Learned Counsel for the opposite party.

(2.) A transfer application has been filed for the transfer of the suit filed by the husband opposite party from the court of Civil Judge (Senior Division), Almora to the Family Court of Nainital. The facts in short is, that the marriage was solemnized between the applicant and respondent (husband) in the year 1990 at Nainital. The husband opposite party was also working at Nainital at that stage and is still working at Nainital. The applicant's parental house is at Nainital from where the marriage took place and after separation from her husband on 17.04.1991, the applicant is residing in her parental home at Nainital. The opposite party filed a suit for divorce under Section 13 of the Hindu Marriage Act before the Civil Judge (S.D.), Almora. The applicant, being aggrieved by the institution of the said suit at Almora, has filed the present transfer application.

(3.) The jurisdiction of the court to hear such matters is governed under Section 19 of the Hindu Marriage Act. For facility, the provision of Section 19 of the Hindu Marriage Act is extracted here under-