LAWS(UTN)-2023-3-42

POOJA Vs. SUSHIL KUMAR SHARMA

Decided On March 16, 2023
POOJA Appellant
V/S
SUSHIL KUMAR SHARMA Respondents

JUDGEMENT

(1.) This Civil Transfer Application has been filed under Sec. 24 of the Code of Civil Procedure, 1908, to transfer the Original Suit No.320 of 2022, 'Sushil Kumar Sharma vs. Smt. Pooja', pending before the Family Court, Haridwar, under Sec. 9 of the Hindu Marriage Act, 1955, to the Family Court, Dehradun.

(2.) Heard Ms. Rajni Rangwal, learned counsel holding brief of Ms. Prabha Naithani, learned counsel for the applicant and Ms. Priyanka Agarwal, learned counsel for the respondent.

(3.) The said transfer application has been filed by the wife. Learned counsel for the applicant submitted that applicant has to look after her child, aged about two years, and, who is undergoing medical treatment in Dehradun. Learned counsel for the applicant further submitted that she has filed an application under Sec. 125 of the Code of Criminal Procedure, 1973 against the respondent, which is pending before the Family Court, Dehradun. Applicant is residing in Dehradun and she will suffer severe hardship if she is compelled to visit Haridwar Court from Dehradun to attend the said case.