Kalpana Joshi Vs. Pradeep Kumar Joshi

Kalpana Joshi vs Pradeep Kumar Joshi

Type Court Judgment Court Uttaranchal Decided Mar 21, 2014

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https://sooperkanoon.com/case/1151835

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Citation: sooperkanoon.com/1151835
Court: Uttaranchal High Court
Judge: Sudhanshu Dhulia
Decided On: Mar 21, 2014
Case Number: Delay Condonation Application No. 1093 of 2014, Review Application No. 43 of 2014 In Civil Misc. Transfer Application No. 29 of 2013
Subject: Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue: Education

Parties & Advocates

Appellant / Petitioner

Kalpana Joshi

Respondent

Pradeep Kumar Joshi

Excerpt

.....to court of judge, family court, haridwar. learned counsel for the applicant submitted that applicant being a house wife is experiencing too much hardship in contesting the case in champawat filed by her husband, particularly, in view of the fact that two minor children are living with her. it is also pointed out that there is already another lis pending between the parties at haridwar. the respondent has not responded to the notice issued by this court. in the above circumstances, having considered the submissions of learned counsel for the applicant and papers on record, the transfer application is allowed. suit no. 31 of 2013 pradeep kumar joshi vs. smt. kalpana joshi filed under section 13 of the hindu marriage act, 1955, pending in the court of civil judge (sr. div.), champawat is transferred to the court of judge, family court, haridwar for further proceedings and disposal of the suit. (clma no. 8932 of 2013 also stands disposed of.? now the respondent has filed the review application to recall the said order stating therein that the notice of this court, which he received on 22.08.2013 date was mentioned to appear before this court on or before 16.09.2013. however, the matter was decided even before that date that too ex-parte on 23.08.2013 by which the transfer application of wife has been allowed and the matter has now been transferred to haridwar. according to the petitioner, when he received notice on 22.08.2013, he had engaged the counsel to represent him before this court. however, before he could argue the matter before this court above order was passed by this court on 23.08.2013. it appears that the counsel for the petitioner did not apprise this court on 23.08.2013 that the date mentioned in the notice was 16.09.2013. there is an apparent error in the order. the applicant was actually restrained to place his case before this court on 23.08.2013 when the matter was decided against him. this order is liable to be recalled. accordingly the.....

Full Judgment

Sudhanshu Dhulia, J.

Heard learned counsel for the review applicant on the delay condonation application.

I find sufficient ground to allow the delay condonation application. Accordingly, the delay condonation application in filing the review application is hereby allowed.

Also heard on the review application.

A suit for divorce under Section 13 of the Hindu Marriage Act, 1955 was filed by the husband/respondent at Champawat. The wife/applicant presently staying in Haridwar, and therefore, sought transfer of the case from the District Champawat to the District Haridwar. On her transfer application notice was issued by this Court vide order dated 08.08.2013, which reads as under:-

œMr. Sanjay Bhatt, Advocate, present for the applicant.

Issue notice to respondent Pradeep Kumar Joshi.

List immediately after service of notice on the respondent. The applicant is allowed to get the notice served DASTI, and file affidavit of service, in addition to normal mode of service.?

Since there was an order of service by œDasti? as well, the applicant took steps on 12.08.2013 in which the date to appear before this Court was mentioned as 16.09.2013. The applicant has filed an affidavit of service on 22.08.2013 before this Court and the case was listed before the learned Single Judge of this Court on 23.08.2013 and passed following order:-

œMr. Sanjay Bhatt, Advocate, present for the applicant.

None present for the respondent.

Heard.

By means of this application, moved under section 24 of Code of Civil Procedure, 1908, the applicant has sought transfer of Suit No. 31 of 2013 Pradeep Kumar Joshi Vs Smt. Kalpana Joshi, under section 13 of the Hindu Marriage Act, 1955, from the court of Civil Judge (Sr. Div.), Champawat to court of Judge, Family Court, Haridwar.

Learned counsel for the applicant submitted that applicant being a house wife is experiencing too much hardship in contesting the case in Champawat filed by her husband, particularly, in view of the fact that two minor children are living with her. It is also pointed out that there is already another lis pending between the parties at Haridwar. The Respondent has not responded to the notice issued by this Court.

In the above circumstances, having considered the submissions of learned counsel for the applicant and papers on record, the transfer application is allowed. Suit No. 31 of 2013 Pradeep Kumar Joshi Vs. Smt. Kalpana Joshi filed under section 13 of the Hindu Marriage Act, 1955, pending in the court of Civil Judge (Sr. Div.), Champawat is transferred to the court of Judge, Family Court, Haridwar for further proceedings and disposal of the suit.

(CLMA No. 8932 of 2013 also stands disposed of.?

Now the respondent has filed the review application to recall the said order stating therein that the notice of this Court, which he received on 22.08.2013 date was mentioned to appear before this Court on or before 16.09.2013. However, the matter was decided even before that date that too ex-parte on 23.08.2013 by which the transfer application of wife has been allowed and the matter has now been transferred to Haridwar.

According to the petitioner, when he received notice on 22.08.2013, he had engaged the counsel to represent him before this Court. However, before he could argue the matter before this Court above order was passed by this Court on 23.08.2013.

It appears that the counsel for the petitioner did not apprise this Court on 23.08.2013 that the date mentioned in the notice was 16.09.2013. There is an apparent error in the order. The applicant was actually restrained to place his case before this Court on 23.08.2013 when the matter was decided against him. This order is liable to be recalled.

Accordingly the review application is allowed. The order dated 23.08.2013 is hereby recalled.

List this matter on 02.04.2014 in the daily cause list. Meanwhile, the respondent shall file counter affidavit.

Till the next date of listing further proceedings of Suit No. 31 of 2013, Pradeep Kumar Joshi Vs Smt. Kalpana Joshi, shall remain stayed.

Let a copy of this order be supplied today itself to the learned counsel for the petitioner.

Same Court & Year Uttaranchal · 2014 Same Parties Kalpana Joshi vs Pradeep Kumar Joshi Same Subject Education Same Judge Sudhanshu Dhulia