Extracted from the PDF above. The PDF is authoritative.
2025:UHC:3812 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
C24/2/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Jayvardhan Kandpal, Advocate for the applicant. Mr. Vinoda Nand Barthwal, Advocate for the respondent.
2. Applicant is the wife against whom a suit under Section 10 of Hindu Marriage Act has been filed in Family Court, Pauri Garhwal. The said suit is numbered as Matrimonial Case No. 89 of
2024.
3. Applicant has sought transfer of the said case from Family Court, Pauri to Family Court, Chamoli, on the ground that she does not have any source of income, her husband is not paying any amount as maintenance to her, father of the applicant is not alive and she is living with her old widow mother at her native place in Village Ghursaal, Gopeswhar, District Chamoli.
4.
Learned counsel for the respondent suggested that case can be transferred to District Rudraprayag as it is equidistance between Chamoli and Pauri. The suggestion made by
learned counsel for the respondent is not acceptable to the counsel for the applicant.
5. Since in matrimonial dispute when wife makes a request for transfer, then her inconvenience has to be given precedence. Since
2025:UHC:3812 the distance between Pauri to Gopeshwar (Chamoli) is more than 130 km and it takes nearly 6 hours for reaching Gopeshwar by bus from Pauri, therefore, having regard to the inconvenience which would be caused to the applicant if the proceedings are allowed to continue at Pauri, I allow this Transfer Application and transfer proceedings of Matrimonial Case No. 89 of 2024 from Family Court, Pauri to Family Court, Chamoli.
6. Registry shall communicate this order to both the Courts below.
(Manoj Kumar Tiwari, J.) 09.05.2025 Mahinder/