2025:UHC:1173 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UC24/88/2023 UHon’ble Manoj Kumar Tiwari, J. Mr. Amit Kapri, learned counsel for the applicant. Mr. Siddhartha Sah, learned counsel for the respondent. 2. This Transfer Application has been filed by wife, seeking transfer of Divorce Petition from Family Court, Haldwani to a Court of competent jurisdiction at Pithoragarh. 3. As per pleadings made in the Transfer Application, marriage between applicant and respondent was solemnised on 11.12.2020 at Haldwani; applicant moved an application, seeking maintenance under Section 125 CrPC at Pithoragarh, which is pending before learned Chief Judicial Magistrate, Pithoragarh; applicant received a notice/summon, issued by Principal Judge, Family Court, Haldwani; she is residing with her parents and it is very difficult for her to travel from Pithoragarh to Haldwani, which is more than 225 kilometres, therefore she has made a request to transfer divorce petition, which is numbered as Original Suit No. 296 of 2023, from the Court of Principal Judge, Family Court, Haldwani to Family Court, 2025:UHC:1173 Pithoragarh. 4. Mr. Siddhartha Sah, learned counsel appearing for the respondent/husband, opposed the prayer for transfer by contending that applicant can appear before Family Court at Haldwani through video conferencing. 5. Mr. Amit Kapri, learned counsel appearing for the applicant, however, submits that same reasoning applies to respondent, as he can also appear through video conferencing, if the case is transferred to Pithoragarh. 6. Law is well-settled that in case of matrimonial dispute, when one of the party seeks transfer, convenience of the women has to be given precedence. It is not in dispute that respondent has filed a Revision Petition before learned Sessions Judge, Pithoragarh against final order, passed in proceedings under Section 125 CrPC by Chief Judicial Magistrate, therefore respondent is already visiting Pithoragarh and appearing before the learned Sessions Judge, Pithoragarh in connection with the said case. Thus, asking applicant to visit Haldwani for contesting divorce petition, would be unfair. 2025:UHC:1173 7. In such view of the matter, Transfer Application is allowed. Divorce Petition (Original Suit No. 296 of 2023) is transferred from the Court of Principal Judge, Family Court, Haldwani to Family Court, Pithoragarh. Both Courts shall be informed about this order by Registry, within 48 hours. (Manoj Kumar Tiwari, J.) 18.02.2025 Mahinder/