Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Civil Misc. Transfer Application No. 13 of 2025
Beena Tamta
….....Applicant
Versus
Shravan Kumar
….….Respondent
Present:- Mr. Abhishek Joshi, Advocate for the applicant.
JUDGMENT
Hon’ble Ravindra Maithani, J. (Oral)
The applicant seeks transfer of H.M. No.63 of 2024, Shravan Kumar Vs. Beena Tamta (“the suit”), under Section 13 (1)(ia) of the Hindu Marriage Act, 1955 (“the Act”), from the Family Court/District Judge/Civil Judge (Senior Division), Pithoragarh, to the Family Court, Haldwani, District Nainital.
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 divorce in the court at Pithoragarh. The applicant is staying in Haldwani with her mother. The distance from Haldwani to Pithoragarh is too long; the applicant is a single woman; she has a young child of two years also. 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 Family Court/District Judge/Civil Judge (Senior Division), Pithoragarh, to the Family Court, Haldwani, District Nainital. Accordingly, the civil transfer application deserves to be allowed.
6.
The civil transfer application is allowed.
2
7.
H.M. No.63 of 2024, Shravan Kumar Vs. Beena Tamta, is transferred from the Family Court/District Judge/Civil Judge (Senior Division), Pithoragarh, to the Family Court, Haldwani, District Nainital.
8.
Let a copy of this order be sent to both the courts.
(Ravindra Maithani, J)
22.08.2025 Ravi Bisht