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2025 DAILYLAW 12576 (UTT)

BHAVANA MEHTA v. GAURAV KUMAR MEHTA

C24/69/2023 · 2025-05-16

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:4069 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C24/69/2023 Hon’ble Manoj Kumar Tiwari, J. Mr. C.K. Sharma, Advocate for the applicant. Mr. Shivam Sharma, Advocate for the respondent through V.C. 2. This application is filed seeking transfer of proceedings of Case No. 208 of 2023 filed under Section 9 of Hindu Marriage Act from Family Court, Dehradun to Family Court, Ramnagar. 3. Learned counsel for applicant submits that marriage between the parties was solemnised on 26.11.2020 and respondent (husband) has filed a petition for restitution of conjugal rights before Family Court at Dehradun in the month of August, 2023. 4. It is submitted that applicant is without any source of income and the amount of maintenance fixed by learned Family Court, Ramnagar, is also not being paid by the respondent. 5. It is further submitted that applicant is residing with her old parents at Ramnagar and it is not possible for her to visit Dehradun on each and every date to contest the proceedings initiated by respondent under Section 9 of Hindu Marriage Act. 6. Mr. Shivam Sharma, learned counsel for the respondent submits that applicant holds Bachelor’s Degree and she is earning handsome amount by online business. 7. Learned counsel for the applicant submits that two 2025:UHC:4069 other cases filed by applicant – one under Section 498A IPC and other under Section 125 CrPC, are also pending at Ramnagar, District Nainital. 8. Learned counsel for the respondent, however, submits that application under Section 125 CrPC, filed by applicant has been decided. 9. Learned counsel for the applicant further submits that distance between Ramnagar to Dehradun is more than 250 kilometers and it is not possible for her to visit Dehradun all alone for attending Court proceedings. 10. Law is well settled that in matrimonial disputes, when a prayer for transfer of proceedings is made, convenience of the lady has to be given precedence. As a single woman, applicant cannot be expected to visit Dehradun all alone on each and every date fixed in O.S. No. 208 of 2023. 11. Accordingly, Transfer Application is allowed. 12. Proceedings of Case No. 208 of 2023 are transferred from Dehradun to a Court of competent jurisdiction at Ramnagar. The record of Case No. 208 of 2023 shall be transferred to Family Court, Ramnagar within 15 days. 13. Registry shall communicate this order to both the Courts below by 20.05.2025. (Manoj Kumar Tiwari, J.) 16.05.2025 Mahinder/ MAHIND ER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca1 68979ca7b8c2f031a92d1a18b08923c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CD D4C2AF35DC4626D305B1BC9EA4BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.06.19 15:23:00 +05'30'