Extracted from the PDF above. The PDF is authoritative.
2025:UHC:4642 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
C407/36/2023 Hon’ble Manoj Kumar Tiwari, J. Mr. Girish Chandra Lakhchaura, Advocate for the applicants. Mr. Digvijay Singh Bisht, Advocate for the respondent.
2. This Application is filed by husband, seeking transfer of Miscellaneous Criminal Case No. 216 of 2022, Smt. Sunita Bhatt Vs. Girish Chandra Bhatt and others, under Section 12 of Protection of Women from Domestic Violence Act, 2005, pending before Additional Chief Judicial Magistrate, Ramnagar, District Nainital to learned Court of Judicial Magistrate, Kashipur or any other Court. Some incident which allegedly occurred on 11.10.2023, has been made the basis for seeking such transfer.
3. The complaint made by applicant regarding said incident to Senior Superintendent of Police, Nainital is enclosed with the transfer application. Perusal of the said complaint indicates that there was some altercation between applicant and one Mr. Ganesh Kumar, Advocate, however, relation if any, of Mr. Ganesh Kumar, Advocate with the respondent (wife) is not indicated in the transfer application.
4.
Learned counsel for the applicant also, was not able to throw any light on the relationship, if
2025:UHC:4642 any, between respondent and Ganesh Kumar, Advocate.
5. This Court is not inclined to grant relief as prayed for.
6. In case of matrimonial dispute, whenever request is made for transfer of proceedings, then the convenience of wife has to be given precedence.
7. In such view of the matter, transfer application is dismissed.
(Manoj Kumar Tiwari, J.) 06.06.2025 Mahinder/
MAHINDER SINGH Digitally signed by MAHINDER SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=da6212e6e78d94ed3134842bc6a8d6ca168979ca7b8c2f031a92d1a18b089 23c, postalCode=263001, st=UTTARAKHAND, serialNumber=AB77B7C5B240908B392BE84F5CDD4C2AF35DC4626D305B1BC9EA4 BABA43D2B8F, cn=MAHINDER SINGH Date: 2025.06.08 12:02:51 +05'30'