SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C24 No. 62/2024 Hon’ble Manoj Kumar Tiwari, J. Mr. Deep Prakash Bhatt, Advocate, for the applicant. Mr. Lalit Sharma, Advocate, for the respondent. (2) Applicant is the wife, against whom a divorce petition was filed by her husband (respondent) in the Court of Civil Judge (Sr. Div.), Pithoragarh. The said divorce petition is numbered as Family Suit No. 117 of 2024. Applicant has prayed for transfer of the said case from Pithoragarh to Family Court, Khatima, District Udham Singh Nagar. (3) Learned Counsel for the applicant submits that marriage between the parties was solemnised on 26.5.2019; applicant lived in her matrimonial home till 1.3.2021 and thereafter she was thrown out of the matrimonial home and she had no other option but to go to her parents, who reside at Khatima in District Udham Singh Nagar. It is further submitted that in order to harass the applicant, her husband filed a divorce petition before the Civil Judge (Sr. Div.), Pithoragarh in the year 2024, which deserves to be transferred to Khatima in District Udham Singh Nagar. (4) Learned Counsel for the applicant submits that applicant has studied only up to 12th Standard and she is not having any source of livelihood and she has filed an application claiming maintenance, which is pending before the Family Court at Khatima. Thus a prayer has been made to transfer the divorce petition from Pithoragarh to Khatima. (5) Learned Counsel for the respondent submits that his client has paid ₹10,000/- as litigation expenses to the applicant, pursuant to an order passed by the Civil Judge (Sr. Div.), Pithoragarh under Section 24 of the Hindu Marriage Act, and he is also paying ₹6,000/- per month as maintenance, pursuant to an order passed in proceedings under Section 125 CrPC. He further submits that respondent is serving in Indian Army and he is posted at Ranikhet in District Almora and if the case is transferred to Khatima, it would be difficult for the respondent to travel to Khatima from Ranikhet. (6) Law is well settled that in case of matrimonial dispute, if prayer for transfer of proceedings from one place to another is made, then the convenience of the wife has to be given precedence. In the present case, the wife (applicant) is residing with her parents, who live at Khatima in District Udham Singh Nagar. Pithoragarh and Khatima are 170 kilometres apart. Learned Counsel for the applicant submits that one has to travel to hilly roads, therefore, the time needed to reach Pithoragarh from Khatima is more than six hours and as a young girl of 27 years, it is not safe for the applicant to travel all alone from Khatima to Pithoragarh, as she cannot return back to Khatima the same day. (7) This Court find substance in the submission made by learned Counsel for the applicant. The time needed for reaching Khatima from Ranikhet would be equal, if not less, than the time needed for reaching Pithoragarh from Ranikhet. (8) In such view of the matter, transfer application is allowed. Family Suit No. 117, pending in the Court of Civil Judge (Sr. Div.), Pithoragarh is transferred to the Court of competent jurisdiction at Khatima. (9) Registry to communicate this order to both the courts concerned by 28th February, 2025. (Manoj Kumar Tiwari, J.) 25.2.2025 Pr