2025:UHC:4936 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C24 No. 90 of 2023 Hon’ble Manoj Kumar Tiwari, J Ms. Rajni Rangwal, Advocate, holding brief of Mr. Pawan Mishra, Advocate for the applicant. 2. This Transfer Application has been filed by the wife seeking transfer of Divorce Petition filed against her by the husband, which is pending before Family Court, Tehri Garhwal, to a Court of competent jurisdiction at Dehradun. 3. It is contended that the marriage between the parties was solemnised on 14.05.2007. After few days of marriage, relations between the parties became strained and respondent-husband filed a divorce petition before Family Court at Tehri in the year 2023. It is contended that applicant has also filed application for maintenance under Section 125 CrPC; application under Protection of Women from Domestic Violence Act and also a suit under Section 7(d) of Family Courts Act and all these proceedings instituted by applicant are pending before different courts at Dehradun. 4. It is contended that applicant is without any source of income and even maintenance is not being paid to her by respondent and she is left at the mercy of her parents, who are residing at Dehradun. Thus, it is contended that it has become very difficult to applicant to visit Tehri from Dehradun for contesting the divorce petition on each and every date fixed. 5. Per contra, Mr. Sandeep Kothari, learned counsel appearing for the respondent submits that his client is paying Rs. 12,000/- per month as maintenance to 2025:UHC:4936 the applicant, therefore, it is not correct that maintenance is not being paid to her. He further submits that the suit is at advance stage and it is likely to be decided within next 3-4 hearing, therefore, no useful purpose would be served by transferring the proceedings of divorce petition from Tehri to Dehradun. 6. Law is well settled that whenever request for transfer is made by the wife in a matrimonial dispute, her convenience has to be given precedence. The distance between Tehri & Dehradun is more than 100 kms., therefore, as a single woman applicant cannot be expected to visit Tehri on each and every date fixed in the matter. 7. Having regard to the facts of the case, prayer for transfer appears to be justified. 8. Accordingly, Transfer Application is allowed. Proceedings of Civil Original Suit No. 95 of 2023, pending before Judge, Family Court, Tehri Garhwal is hereby transferred to a court of competent jurisdiction at Dehradun. This Court hopes and expects that the transferee Court shall make endeavour to decide the suit at an early date. The record of the case shall be transferred to the transferee Court, within three weeks. 9. Registry shall communicate this order to both the Courts, by 17.06.2025. (Manoj Kumar Tiwari, J) 13.06.2025 Navin NAVEEN CHANDRA Digitally signed by NAVEEN CHANDRA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3be23325146e76a0642bdf4943fb9046f487 df006da82a131bb4e4403d3c0a15, postalCode=263001, st=UTTARAKHAND, serialNumber=18167EEFB5CA8CFFD421A103819DA 875643AF56D653D095C6ED9A86DAAB21CE5, cn=NAVEEN CHANDRA Date: 2025.06.13 18:50:36 +05'30' 2025:UHC:4936