RENU GAUTAM Vs. RAJEEV MANDRAWAL

JUDGEMENT

(1.) Civil transfer application, under section 24 of C.P.C., has been filed on behalf of the applicant seeking transfer of O.S. No. 343 of 2019, Rajeev Mandrawal vs. Smt. Dr. Renu Gautam, from the court of Principal Judge, Family Court, Dehradun, filed under section 13 of the Hindu Marriage Act, 1955 to the court of Family Judge at Pauri Garhwal or in the court of Incharge Family Court/Family Judge, Rudraprayag District Rudraprayag.

(2.) Facts, in brief, are that marriage between applicant and respondent was solemnized on 29.09.2011 as per the Hindu rites and rituals. From their wed-lock, a male child, namely, Master Purvansh was born. At the time of marriage, respondent was working in Ericsson Global Services and applicant was working on contract basis and continue her study and got selected as Assistant Professor and appointed in Government Post Graduate College Augustmuni, District Rudraprayag. On selection of the applicant as Assistant Professor, the dispute between applicant and respondent was cropped up, respondent also came to know about the illicit relationship of the applicant then both of them decided to live separately, as it is not possible for them to continue with marriage. Consequently, parties decided to file an application under section 13-B of Hindu Marriage Act 1955 (hereinafter referred as the Act) in the court of Family Judge, Dehradun seeking decree of divorce by mutual consent. On first motion, parties remained present and date of second motion was fixed. On second motion, respondent remained present but applicant did not turn up, so the decree of divorce be passed in the case. Consequently, Family Judge, Dehradun dismissed the divorce petition. Thereafter, respondent constrained to file divorce petition before the Principal Judge, Family Court Dehradun. Notices were issued to the applicant and date was fixed for conciliation between the parties. On receipt of notice, the applicant did not appear before the Principal Judge, Family Court for conciliation or to file her written statement. She opted to file this transfer application before this Court. Having considered the grounds raised in the transfer petition, this Court had issued notice to the respondent calling his reply, stayed further proceedings of the case and also fixed the matter for mediation.

(3.) Parties along with their counsels were present in the Court and they were sent before the Mediation Center but parties could not reach to an amicable settlement.