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2025 DAILYLAW 12725 (UTT)

AKSHAY RANA v. STATE OF UTTARAKHAND

C447/14/2024 · 2025-02-25

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C447 No. 14/2024 Hon’ble Manoj Kumar Tiwari, J. Mr. Subhash Chand Burman, Advocate, for the applicant. Mr. K.S. Bora, Deputy AG, with Mr. J.P. Kandpal, Brief Holder, for the State. (2) Applicant is the husband. His wife (respondent no. 2) has filed an application claiming maintenance in the Court of Family Judge, Kashipur, District Udham Singh Nagar, which is registered as Family Case No. 216 of 2024. In this transfer application, applicant has prayed for transfer of the said case from Kashipur to Roorkee, District Haridwar. (3) It is contended that applicant is the resident of Ghaziabad, who also owns ancestral property at Saharanpur (U.P.), and it is more difficult for him to visit Kashipur from Ghaziabad on every date of hearing in the aforesaid case. (4) From perusal of the record, it is revealed that applicant has filed an application for restitution of conjugal rights before Family Court at Saharanpur (U.P.), which is still pending. Learned Counsel for the applicant submits that since Roorkee is roughly equidistant from Kashipur and Ghaziabad, therefore, if the aforesaid case is transferred to Roorkee, then it will be convenient to both the parties. The issue of threat to life of the applicant is also raised by the applicant and it is submitted that it would not be safe for him to visit Kashipur, where family of respondent no. 2 resides. (5) As regards the contention that there is threat to life of applicant, learned State Counsel points out that no complaint was ever made by the applicant to police authorities at Kashipur or elsewhere. (6) This Court is not inclined to grant the prayer made by the applicant. Law is well settled that in matrimonial disputes, when parties seek transfer of proceedings from one place to another, convenience of wife has to be given precedence. Applicant’s wife has prayed for maintenance, which indicates that she has little or no source of income. Thus asking her to visit Roorkee from Kashipur on each and every date of hearing of the case, by allowing the prayer for transfer made by the applicant, would add insult to the injury. (7) In such view of the matter, prayer for transfer made by the applicant is rejected. Transfer application is dismissed accordingly. (Manoj Kumar Tiwari, J.) 25.2.2025 Pr