HARSHA PANT Vs. YOGESH CHANDRA PANT

JUDGEMENT

(1.) Present transfer application under Section 24 of C.P.C. has been filed by the applicant-wife seeking transfer of Suit No.99 of 2019, under Section 13-A of Hindu Marriage Act, 1955, Yogesh Chandra Pant vs. Smt. Harsha Pant, pending before the Principal Judge, Family Court Camp, Ramnagar, District Nainital to the court of Family Judge, Almora.

(2.) Facts, in brief, are that the marriage between the applicant and respondent was solemnized on 24.04.2016. The applicant, prior to her marriage, was posted at S.B.I. Kusumkheda, Haldwani and thereafter she sought her transfer from S.B.I. Haldwani to S.B.I. Ramnagar, which was acceded. Out of the wedlock, one female child was born on 25.02.2017. Thereafter, some differences cropped up between the parties and they started residing separately. Meanwhile, the respondent/husband instituted a suit being numbered as Suit No.344 of 2017 under Section 9 of Hindu Marriage Act before the Family Court Camp Ramnagar District Nainital, which however was dismissed as withdrawn. Thereafter, on her request, she was transferred from Ramnagar District Nainital to Someshwar District Nainital. As the applicant was residing with her daughter separately in a rented accommodation, she filed an application u/s 125 of Cr.P.C. During the pendency of application u/s 125 of Cr.P.C., parties entered into compromise on 26.6.2018 and lived together for few days. However, after some time their relationship again become strained and the respondent filed the suit being Suit No.99 of 2019 under Section 13-A of Hindu Marriage Act before the court of Family Judge Camp at Ramnagar District Nainital.

(3.) It is contended that the applicant is posted at Someshwar and the distance from Ramnagar to Someshwar is about 150 kms whereas the distance between the Someshwar to Almora is about 62 kms. Hence, a prayer has been made to transfer the said suit to the court at Almora.