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2025 DAILYLAW 11718 (UTT)

KAVITA v. SUNIL RAWAN

C24/79/2024 · 2025-02-28

Manoj Kumar Tiwari

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:1441 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UC24/79/2024 UHon’ble Manoj Kumar Tiwari, J. Mr. Shivanand Bhatt, Advocate, for the applicant. Mr. Hitesh Sharma, Advocate, holding brief of Mr. Sagar Kothari, Advocate, for the respondent. 2. Applicant has sought transfer of Divorce Petition filed by respondent from the Court of Principal Judge, Family Court, New Tehri, District Tehri Garhwal to a Court of competent jurisdiction at Haridwar. The said divorce petition is numbered as Original Suit No. 81 of 2024 before the Family Court at New Tehri. 3. It is contended by learned counsel for the applicant that marriage between applicant and respondent was solemnised in the year 2019 and a girl child was born out of said wedlock, who is little more than 2 years of age; due to maltreatment given by respondent and his family members, applicant had to go back to her parents and now she is residing with her parents at Bahadarabad, District Haridwar. 4. Learned counsel for the applicant submits that applicant is without any means and she has also moved an application for maintenance before Family Court at Haridwar. Thus he submits that it is very difficult for petitioner to 2025:UHC:1441 visit New Tehri to contest in the divorce petition on each and every date of hearing, especially when petitioner is without any source of income and also because she has a young daughter of less than 3 years of age. 5. He points out that distance of New Tehri from Haridwar is more than 150 kilometre which takes nearly 5 hours to reach New Tehri from Haridwar. 6. Mr. Hitesh Sharma, learned counsel holding brief of Mr. Sagar Kothari, learned counsel appearing for respondent, on instruction, submits that his client has no objection if divorce petition, pending at New Tehri is transferred to Haridwar. 2. Accordingly, Transfer Application is allowed. Original Suit No. 81 of 2024 is transferred from the Court of Principal Judge, Family Court, New Tehri, District Tehri Garhwal to a Court of competent jurisdiction at Haridwar. 3. Registry shall communicate this order to both the Courts below by 03.03.2025. (Manoj Kumar Tiwari, J.) 28.02.2025 Mahinder/