Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Civil Misc. Transfer Application No. 12 of 2025
Anita
….....Applicant
Versus
Arun Bhatt
….….Respondent
Present:- Mr. T.C.Pandey, Advocate for the applicant.
JUDGMENT
Hon’ble Ravindra Maithani, J. (Oral)
The applicant seeks transfer of the Civil Suit No.259 of 2024, Arun Bhatt Vs. Anita (“the suit”), under Section 9 of the Hindu Marriage Act, 1955 (“the Act”), from the court of Additional Principal Judge, Family Court, Khatima, District Udham Singh Nagar, to the court of Principal Judge, Family Court/District Judge, Champawat.
2.
Heard learned counsel for the appellant and perused the record.
3.
Learned counsel for the applicant submits that the respondent has filed a suit for restitution of conjugal rights under Section 9 of the Act in the court at Khatima, because at the relevant time, the applicant was staying in Tanakpur. Now, she has started staying with her mother in a village in Champawat, and it takes a lot of resources for her to reach for hearing in the court at Khatima. Therefore, the suit may be transferred.
4.
The respondent was issued a notice, which has been served on him, but the respondent did not appear.
5.
Having considered the grounds for transfer and also keeping in view the fact that the respondent, despite notice, have not filed any response or objections, this Court is of the view that the suit may be transferred from the court of Additional Principal Judge, Family Court, Khatima, District Udham Singh Nagar, to the court of
2 Principal Judge, Family Court/District Judge, Champawat. Accordingly, the civil transfer appeal deserves to be allowed.
6.
The civil transfer application is allowed.
7.
Civil Suit No.259 of 2024, Arun Bhatt Vs. Anita, is transferred from the court of Additional Principal Judge, Family Court, Khatima, District Udham Singh Nagar, to the court of Principal Judge, Family Court/District Judge, Champawat.
8.
Let a copy of this order be sent to both the courts.
(Ravindra Maithani, J)
22.08.2025 Ravi Bisht