SHAGUFTA PARVEN Vs. SHIRAJ SIDDIQUE & TWO
HIGH COURT OF UTTARAKHAND
Shiraj Siddique And Two
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B.S.VERMA, J. -
(1.) HEARD Mr. Bharat Tewari, Advocate for the applicant. None for the
(2.) INSTANT transfer application has been filed by the applicant Smt. Shagufta Parveen seeking transfer of the Civil Suit No.14 of 2012,
Shiraj Siddique vs. Shagufta Parveen, from the court of Civil Judge
(Senior Division) Champawat to the competent court/Family Court at
Nainital, District Nainital.
(3.) GROUND taken in the transfer application is that out of the wedlock of the applicant and the respondent no.1 a son and a daughter
were born who are living with the applicant/mother. The applicant is
residing at Ramnagar, District Nainital and being a lady it is not
possible for her to attend the case at Champawat which is too far from
Ramnagar especially when the petitioner has two small children.
In the facts and circumstances of the case that applicant is a woman and has two children who are living with her, it would be difficult
for her to travel from Ramnagar to Champawat to attend the court
proceedings at Champawat. On the other hand, the respondent no.1 husband
will have no difficulty in attending the court at Haridwar. I am
fortified in my view by the judgment of the Supreme Court in the case of
Sunita Singh vs. Kumar Sanjay and another, reported in AIR 2001 SC 396,
wherein it has been held that wifes convenience must be looked at.;
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