2025:UHC:1600 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C447 No. 6 of 2024 With C24 No. 60 of 2024 Hon’ble Manoj Kumar Tiwari, J 1. Ms. Pushpa Joshi, learned Senior Counsel assisted by Ms. Chetna Latwal, learned counsel for the applicant. 2. Mr. Mani Kumar, learned counsel for the respondent. 3. Parties were married at Haldwani on 13.12.2015. As per the pleadings made in the transfer applications, they stayed together till 11.07.2023 and thereafter, applicant was thrown out of her matrimonial home by the respondent, consequently, she had to go back to her parents, who are residing at Haldwani (Nainital); however, the only son of the parties was forcibly snatched by respondent and the son is presently in the custody of respondent at Rudrapur. 4. Applicant moved an application for maintenance under Section 125 Cr.P.C. before the Family Court at Rudrapur, which is numbered as Miscellaneous Criminal Case No. 14 of 2024. Husband (respondent herein) also moved a petition, seeking divorce under Section 13(1)(i-a) of Hindu Marriage Act, which is also pending before the Family Court, Rudrapur, District Udham Singh Nagar. Applicant has sought transfer of these two cases from Family Court, Rudrapur to a court of competent jurisdiction at Haldwani. 5. It is contended that the applicant is without any source of income; 2025:UHC:1600 respondent has not provided any amount as maintenance to her; it is unsafe for the applicant to travel all alone from Haldwani to Rudrapur to contest the aforesaid court proceedings on each and every date of hearing; applicant’s father is an old man without any means, therefore, both the cases deserve to be transferred from Rudrapur to Haldwani. 6. Mr. Mani Kumar, learned counsel appearing for the respondent, however, submits that in the cause title of the transfer applications, applicant has mentioned her address as House No. 04, P.S. Dineshpur, Tehsil Rudrapur, District Udham Singh Nagar, which indicates that the applicant is also residing at Rudrapur, therefore, no case is made out for transfer of the cases to Haldwani in District Nainital, which is about 30 kms away from Rudrapur. It is further contended by learned counsel for the respondent that a criminal case, under Section 307 of IPC, is pending against the applicant, therefore, his client has threat to his life and it would be unsafe for him to visit Haldwani on each date of hearing. 7. Learned Senior Counsel for the applicant, however, points out that a false FIR was lodged against the applicant under Section 307 of I.P.C., and in a revision petition, filed by applicant against the order of framing charge, coordinate Bench has stayed the charge. Learned Senior Counsel further submits that respondent is not only employed in a private company at SIIDCUL, Rudrapur, but he is also doing private business and he is a man of sufficient means, therefore, he will have no difficulty in visiting Haldwani from Rudrapur for 2025:UHC:1600 attending the court proceedings; but if applicant is made to visit Rudrapur on each and every date of hearing, then it will be very difficult for her to pursue the cases. She has placed reliance upon a judgment rendered by Hon’ble Supreme Court in the case of N.C.V. Aishwarya v. A.S. Saravana Karthik Sha, reported in 2022 SCC OnLine SC 1199. Para 9 of the said judgment is reproduced below:- “9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the Courts have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio-economic paradigm in the Indian society, generally, it is the wife’s convenience which must be looked at while considering transfer.” 8. Ms. Pushpa Joshi, learned Senior Counsel for the applicant has also placed reliance upon a judgment rendered by learned Single Judge of High Court of Jharkhand in Transfer Petition (Civil) No. 22 of 2023 (Shalini Sharma v. Sumit Kumar Shukla). Para 4 of the said judgment is extracted below:- “4. It is submitted by learned counsel for the petitioner that it is only for two days of marriage petitioner was subjected to cruelty by the opposite party and hence complaint and other cases were filed which is pending in the court of learned CJM, Hazaribagh. Leaned counsel further submits that the petitioner-wife is residing in the district of Hazaribagh and the financial condition of the petitioner is not sound enough that she can 2025:UHC:1600 frequently visit Ranchi to pursue the case. Learned counsel submits that since petitioner is a female, right has accrued to her to get the case transferred at a place where she resides. In support of his contention, learned counsel places reliance on the judgment passed by the Hon'ble Apex Court in case of Sumita Singh Vs. Kumar Sanjay Kumar & Ors. [Tr. Pet. (C). No. 396 of 2000] and in case of Rajani Kumari Vs. Mohan Murari & Anr. [Tr. Pet. (C). No. 1683 of 2018].” 9. Law is well settled that in matrimonial matters, whenever one of the parties to the dispute seeks transfer of proceedings, then convenience of the wife is to be given precedence. In the present case, wife resides at Haldwani with her parents. According to her, she is without any means, therefore, she cannot be asked to visit Rudrapur for contesting the cases pending there. 10. Having regard to the facts and circumstances of the case, both the transfer applications are allowed. Let the record of Miscellaneous Criminal Case No. 14 of 2024 as well as Family Case No. 07 of 2024 be transferred from the court of Family Court, Rudrapur to the court of competent jurisdiction at Haldwani. 11. Registry is directed to send a copy of this order to both the courts, within 48 hours, for compliance. (Manoj Kumar Tiwari, J) 07.03.2025 Aswal 2025:UHC:1600