HIGH COURT OF UTTARAKHAND AT NAINITAL Civil Transfer Application No.21 of 2023 Smt. Rajni Devi ….......Applicant Vs. Sumit Singh Bisht ……....... Respondent Present : Mr. B.S. Negi, Advocate for the applicant. Mr. Naitik Bhatt, Advocate for the respondent. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) By means of the instant transfer application, filed under Section 24 of the Code of Civil Procedure, 1908, the applicant seeks transfer of Original Suit No.525 of 2021, Sumit Singh Bisht Vs. Smt. Rajni Devi (“the case”), from the court of Principal Judge, Family Court, Dehradun to the court of Civil Judge (Sr. Div.) Karnprayag, District Chamoli. 2. Heard learned counsel for the parties and perused the record. 3. It is the case of the petitioner that she and the respondent were married on 12.02.2018; it was a love marriage; they were blessed to a baby child also on 16.01.2021; the applicant is a house maker, whereas the respondent is an Army personnel; the dispute arose between them; the respondent on 17.07.2021 filed an Original Suit under Sections 13 and 27 of the Hindu Marriage Act, 1955 in the court of Principal Judge, Family Court, Dehradun; the case is pending for a long; it is very difficult to the applicant to properly contest the case due to the distance which is 270 Kms. from her parental home. 2 4. It is further the case of the applicant that the case has been filed by the respondent in Dehradun court so as to harass and pressurized her. The applicant also states that the parental home of the respondent is within District Chamoli, which is at a distance of 18 Kms. from the parental home of the applicant. 5. Learned counsel for the applicant would submit that the applicant is a single woman; she cannot contest the case in the court at Dehradun, which is at a distance of 270 Kms.; she has no source of income; the case under Section 125 of the Code of Criminal Procedure, 1973 is also pending in the court at Chamoli. 6. Learned counsel for the respondent would submit that a maintenance case was filed in the court at Chamoli and according to him, it has already been decided. He submits that the respondent is serving in Army; he has to take leaves to attend the proceedings. Therefore, it is submitted that the matter may be transferred to some court in Chamoli. 7. It is not disputed that the applicant is a single woman, having a child with her having no source of income. She is being paid maintenance by the respondent admittedly. 8. Having considered this and other attending facts, this Court is of the view that the case may be transferred from the court of Principal Judge, Family Court, Dehradun to the Family Court, Chamoli. Accordingly, transfer application deserves to be allowed. 9. Transfer application is allowed. 3 10. Original Suit No.525 of 2021, Sumit Singh Bisht Vs. Smt. Rajni Devi is transferred from court of Principal Judge, Family Court, Dehradun to the Family Court, Chamoli. 11. Let a copy of this order be sent to both the courts. (Ravindra Maithani, J.) 27.11.2025 Sanjay SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bb d504686df4d1afc60f54a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255 DD8EC450A84B515A087CAEFD1B3179A7DE AE40699, cn=SANJAY KANOJIA Date: 2025.12.01 17:51:50 +05'30'