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. 80/2024 Hon’ble Manoj Kumar Tiwari, J. Mr. Sudhir Kumar Chaudhary, Advocate, for the applicant. Mr. Saurabh Adhikari, Advocate, for the respondent. (2) Applicant has sought transfer of Suit No. 94 of 2024, filed by respondent under Section 11 of Hindu Marriage Act, from Family Court, Nainital to Family Court, Khatima (Udham Singh Nagar). (3) From perusal of the record, it is revealed that marriage between the parties was solemnised on 26.11.2020, however, the applicant who was earlier married to one Sushil Kumar Sharma, had not obtained divorce prior to her solemnising marriage with the respondent. (4) Learned Counsel for the respondent submits that applicant solemnised marriage with the respondent by playing fraud as she had never disclosed that her marriage with Sushil Kumar Sharma has not been dissolved and it is only when the respondent came to know about this fact, then a petition under Section 13B(1) of Hindu Marriage Act seeking divorce by mutual consent was filed, which was allowed by Judge, Family Court, Khatima vide order dated 5.7.2024. Thus he submits that applicant continued to be legally wedded wife of Sushil Kumar Sharma on the date she married the respondent and thus the subsequent marriage is void ab initio. (5) Mr. Sudhir Kumar Chaudhary, learned Counsel appearing for the applicant, however, submits that the factum of applicant’s earlier marriage and also the fact that she had not obtained divorce from her earlier husband was known to the respondent since the very beginning. (6) Be that as it may, since applicant has sought transfer of the suit filed by respondent under Section 11 of the Hindu Marriage Act, however, no valid ground for seeking such transfer is raised, therefore, this Court is not inclined to grant the prayer as made by the applicant. Transfer application is, accordingly, rejected. (Manoj Kumar Tiwari, J.) 6.6.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C67F3C9 1957BE53, cn=PRABODH KUMAR Date: 2025.06.06 16:45:11 +05'30'