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2025 DAILYLAW 12739 (UTT)

DEEPA TIWARI v. GAURAV TIWARI

C24/96/2024 · 2025-07-31

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:6715 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C24/96/2024 Hon’ble Manoj Kumar Tiwari, J. 1. Mr. Kartikey Maulekhi, learned counsel for the applicant. 2. Mr. Priyanshu Gairola, learned counsel for the respondent. 3. Applicant has sought transfer of husband’s petition, filed under Section 9 of Hindu Marriage Act for Restitution of Conjugal Rights. The said suit is numbered as Original Civil Suit No. 382 of 2024 and is pending before Family Court, Kashipur, District Udham Singh Nagar. 4. Petitioner has sought transfer of said suit from Kashipur to Almora on the ground that she is living with her parents along with her two minor children; she does not have any source of income, therefore, it is not possible for her to visit Kashipur from Almora on each and every date fixed in the aforesaid suit. 5. Mr. Priyanshu Gairola, learned counsel appearing for the respondent, on instructions, submits that respondent has no objection, if the prayer for transfer, made by petitioner, is granted. He submits that there are two other proceedings instituted by the petitioner, which are pending before Family Court, Almora, therefore, application filed under Section 9 of Hindu Marriage Act may also be transferred to Almora. 6. In view of concession recorded by 2025:UHC:6715 learned counsel for the respondent, the transfer application is allowed. Let the record of Original Civil Suit No. 382 of 2024 be transferred from Family Court, Kashipur, Udham Singh Nagar to Family Court, Almora. 7. Registry is directed to send a copy of this order to both the courts, within 48 hours, for necessary compliance. (Manoj Kumar Tiwari, J.) 31.07.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f0747700 5aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2C E3D26F5C22DACF4F4610C1FE58A58531726FB B0, cn=NITI RAJ SINGH ASWAL Date: 2025.07.31 07:06:00 -07'00'