AKSHAY GUPTA Vs. SWATI GUPTA

JUDGEMENT

(1.) We have heard Sri Ranjit Saxena, learned counsel for the appellant and Sri Utkarsh Birla and Sri Vinayak Mittal, learned counsel for the respondent.

(2.) As a common question of law is involved in both the special appeals and the parties are the same, therefore, the above-mentioned special appeals are being decided by a common judgment.

(3.) The facts of the case are that the appellant is the husband of the opposite party. The appellant filed Misc. Case No. 13 of 2017 under Section 25 of the Guardian and Wards Act against the opposite party for custody of their minor daughter. The aforesaid case was filed before the Family Court, Meerut and was nominated for adjudication to the Additional Principal Judge, Family Court, Meerut. The appellant filed an application before this Court under Section 24 of the Code of Civil Procedure, 1908 (hereinafter referred to as, 'CPC') praying that Case No. 13 of 2017 pending in the court of Additional Principal Judge, Family Court, Meerut be transferred for adjudication to the court of Principal Judge, Family Court, Meerut, U.P. The aforesaid application was numbered as Transfer Application (Civil) No. 486 of 2018. The Transfer Application (Civil) No. 486 of 2018 was dismissed by the learned Single Judge vide his order dated 3.10.2018. The order dated 3.10.2018 passed in Transfer Application (Civil) No. 486 of 2018 has been challenged in Special Appeal No. 1126 of 2018.