2025:UHC:6720 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C24/11/2023 Hon’ble Manoj Kumar Tiwari, J. 1. Mr. Ravi Shankar Kandpal, learned counsel for the applicant. 2. Mr. Shariq Khurshid, learned counsel for the respondent. 3. Applicant is the wife, against whom a suit for divorce was filed by her husband before Family Court, Kashipur, District Udham Singh Nagar, which is numbered as Civil Case No. 262 of 2022. Applicant has sought transfer of said suit by contending that she is residing in a remote village of Tehsil Betalghat, District Nainital, therefore, it is not possible for her to visit Kashipur from Betalghat, on each and every date fixed in the divorce suit. It is further contended that being a single mother, applicant has to take care of her daughter, who is about seven years old and if the divorce suit is not transferred from Kashipur to a court of competent jurisdiction in District Nainital, applicant would suffer irreparable loss. 4. Mr. Shariq Khurshid, learned counsel appearing for the respondent submits that a case, under domestic violence, was filed by applicant, which is pending before Family Court, Ramnagar, therefore, the divorce petition may also be transferred from Kashipur to Ramnagar, for which respondent has no objection. 5. Learned counsel for the applicant, 2025:UHC:6720 however, submits that distance between Kashipur and Ramnagar is about 25 kms, therefore, it will make no difference to respondent, whether divorce suit is pending at Kashipur or Ramnagar, however, the applicant would be subjected to great inconvenience, if the case is not transferred to Nainital. 6. Law is well settled that in matrimonial dispute, when a request for transfer is made, the convenience of wife has to be given precedence. Applicant (wife) resides in Tehsil Betalghat, District Nainital and it takes more than 4 hours to reach Kashipur from Betalghat. As Single mother, applicant cannot be expected to travel all the way from Betalghat to Kashipur on each and every date fixed before the Family Court. 7. In such view of the matter, prayer for transfer of proceedings of divorce suit deserves to be allowed. 8. Accordingly, the transfer application is allowed. Let the record of Civil Case No. 262 of 2022 be transferred from Family Court, Kashipur, District Udham Singh Nagar to Family Court, District Nainital. 9. Registry is directed to send a copy of this order to both the courts, within 48 hours, for necessary compliance. (Manoj Kumar Tiwari, J.) 31.07.2025 Aswal NITI RAJ SINGH ASWAL Digitally signed by NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477005a a85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C2CE3 D26F5C22DACF4F4610C1FE58A58531726FBB0, cn=NITI RAJ SINGH ASWAL Date: 2025.07.31 07:06:54 -07'00' 2025:UHC:6720