Extracted from the PDF above. The PDF is authoritative.
2025:UHC:773 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s
order with Signatures COURT’S OR JUDGE’S ORDERS
C24 No. 20 of 2024 Hon’ble Manoj Kumar Tiwari, J.
1. Mr. Shivam Gulati, Advocate holding brief of Mr. Mukesh Rawat,
learned counsel for the applicant.
2. Mr. Bhuwan Bhatt,
learned counsel for the respondent.
3. This transfer application, under Section 24 of CPC, seeking transfer of Petition No. 428 of 2023 filed by respondent under Section 13(1)(i-a) & (i-b) of Hindu Marriage Act from the Court of Family Court, Haridwar to the Court of Family Court, Kotdwar, District Pauri Garhwal.
4. According to the applicant, she was abandoned by her husband (respondent herein) four years after her marriage and since applicant has no source of income, therefore, she is at the mercy of her parents, who reside at Kotdwar, District Pauri Garhwal.
5. It is contended that no amount is being paid to applicant as maintenance, therefore, it will become very difficult, nay impossible, for her to contest the proceedings, which are pending before Family Court, Haridwar, therefore, applicant has made a prayer for transfer of the divorce petition from Family Court, Haridwar to Family Court, Kotdwar, District Pauri Garhwal.
2025:UHC:773
6.
Learned counsel for the respondent, however, submits that respondent (husband) is suffering from medical condition known as ‘Double Vessel Disease’ and he is not employed anywhere, therefore, it will be very difficult for his client to travel all the way from Haridwar to Kotdwar for attending proceedings of divorce petition.
7. Law is well settled that in matrimonial matters, whenever a prayer is made for transfer of the case from one court to another, convenience of wife has to be given preference, especially when she is without any income.
8. In such view of the matter, transfer application is allowed. Let the record of Petition No. 428 of 2023 be transferred from Family Court, Haridwar to Family Court, Kotdwar, District Pauri Garhwal.
9. Registry is directed to send a copy of this order to both the courts, within 48 hours.
(Manoj Kumar Tiwari, J.)
12.02.2025 Aswal
2025:UHC:773