2025:UHC:6719 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C24/87/2023 Hon’ble Manoj Kumar Tiwari, J. 1. Mr. Mukul Singh Dangi, learned counsel for the applicant. 2. Ms. Sheetal Selwal, learned counsel for the respondent. 3. Applicant has sought transfer of Civil Case No. 244 of 2022, filed by her husband, from Family Court, Haldwani to Family Court, Nainital. 4. Learned counsel for the applicant submits that respondent (husband) has filed a suit for Ishtkar-A-Hakuke Jojiyat (Restitution of Conjugal Rights) under Mohammedan Law; applicant is residing at Nainital in the ancestral property of respondent since beginning and husband has wrongly filed the aforesaid suit before Family Court, Haldwani, just to harass applicant. He further submits that applicant is illiterate and unemployed, homemaker with no source of income and it is not possible for her to visit Haldwani on each and every date fixed before Family Court, therefore, prayer has been made for transfer of case from Haldwani to Nainital. 5. Ms. Sheetal Selwal, learned counsel appearing for the respondent, however, opposed the prayer for transfer and submitted that husband is running a clinic at Haldwani for the last about ten years and the suit was rightly filed before the Family Court, Haldwani. She further submits that respondent is ready and 2025:UHC:6719 willing to take applicant at Haldwani, however, it is the applicant, who is not willing to join the company of respondent. 6. Having regard to the fact that petitioner is illiterate and unemployed lady, without any source of income, the prayer for transfer deserves to be allowed. 7. Accordingly, the transfer application is allowed. Let the record of Civil Case No. 244 of 2022 be transferred from Family Court, Haldwani to Family Court, Nainital. 8. 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=eacc6757ee7881e933ff8934f07477005aa85f9802a3a0 8b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3D26F5C22DA CF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.07.31 07:05:05 -07'00' 2025:UHC:6719