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2025 DAILYLAW 1664 (UTT)

KALPANA v. DEVENDRA SINGH

C24/8/2022 · 2025-02-10

Manoj Kumar Tiwari

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:664 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS 10.02.2025 C24 No.8 of 2022 UHon’ble Manoj Kumar Tiwari, J. Mr. Amit Kapri, learned counsel for the applicant. Mr. Dinesh Chandra Gahatori, learned counsel for the respondent. 2. Petitioner has sought transfer of Original Suit No. 431 of 2021, filed by respondent before the Court of Principal Judge, Family Court, District Dehradun to the Court of competent jurisdiction at Pithoragarh. 3. Learned counsel for the applicant contends that marriage between applicant and respondent was solemnised at Shanti Kunj, Haridwar on 14.01.2021 and soon thereafter, due to the harassment meted out by the respondent and his family members, applicant had to leave her matrimonial home and thereafter she is residing with her parents at village Gothana, Post office Bungachina in District Pithoragarh. He further submits that respondent thereafter filed Original Suit under Section 12 of Hindu Marriage Act, which is numbered as Original Suit No. 431 of 2021 before the Court of Principal Judge, Family Court, Dehradun. A prayer has been made to transfer the said suit from the Court of Principal Judge, Family Court, Dehradun to a Court of 2025:UHC:664 competent jurisdiction at Pithoragarh. 4. Having regard to the fact that applicant is without any source of income and it will not be possible for her to travel a distance of more than 500 kilometre for attending the court proceedings at Dehradun on each and every date of hearing, the Transfer Application is allowed. Original Suit No. 431 of 2021, pending before the Court of Principal Judge, Family Court, Dehradun is transferred to a Court of competent jurisdiction at Pithoragarh. 5. Registry shall communicate this order to the transferee as well as transferor Courts within 48 hours. It shall be open to respondent to seek police protection, if he has any real threat to his life in attending the court proceedings at Pithoragarh. 6. This Court hopes and expects that transferor Court shall decide the suit as early as possible without granting unnecessary adjournments. 7. Pending application(s), if any, stand disposed of. (Manoj Kumar Tiwari, J.) 10.02.2025 Mahinder