Extracted from the PDF above. The PDF is authoritative.
2025:UHC:6984 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
C24/63/2023 Hon’ble Manoj Kumar Tiwari, J. Mr. Ayush Agrawal, Advocate for the applicant. Mr. Devesh Upreti, Advocate for the respondent.
2. Applicant has sought transfer of divorce petition, filed by respondent before the Family Court, Haldwani (Nainital), which is numbered as Civil Suit No. 47 of 2022.
3. According to applicant, she is solely looking after her two daughters, who are aged about 8 years and 5 years and she is staying with her parents at village Bhasoli, Tehsil Ranikhet, District Almora. Learned counsel for the applicant submits that as she is without any source of income and the respondent is not paying any maintenance to her, therefore, it is very difficult for her to attend the Court proceedings at Haldwani on each and every date, fixed in the matter.
4.
Learned counsel for the applicant submits that applicant is a simple village lady, who even otherwise also, cannot travel on her own from Almora to Haldwani.
5.
Learned counsel for respondent submits that in the divorce petition, issues have been
2025:UHC:6984 famed and matter is now fixed for evidence. He, therefore, submits that transfer application deserves to be rejected.
6. Law is well settled that in matrimonial disputes when request for transfer is made, convenience of the wife has to be given precedence. In the present case, applicant is without any source of income and she is living with her parents with two minor daughters. In such circumstances, she cannot be compelled to travel from Almora to Haldwani.
7. Having regard to aforesaid facts, the prayer for transfer is allowed. Proceedings of Civil Suit No. 47 of 2022 are hereby transferred from Family Court, Haldwani to Family Court, Almora.
8. The transferee Court is requested to make endeavour to decide the aforesaid Civil Suit as early as possible.
(Manoj Kumar Tiwari, J.) 08.08.2025 Mahinder/
MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4BABA43 D2B8F, cn=MAHINDER SINGH Date: 2025.08.08 17:32:44 +05'30'