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2025 DAILYLAW 5329 (UTT)

MANJU v. SATISH BISHT

C24/33/2022 · 2025-02-12

Manoj Kumar Tiwari

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:UHC:771 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. 33 of 2022 Hon’ble Manoj Kumar Tiwari, J. 1. Mr. Vijay Khanduri, learned counsel for the applicant. 2. Mr. Rajat Mittal, learned counsel for the respondent. 3. Applicant is the wife, against whom a divorce petition has been filed by respondent (husband) before learned Judge, Family Court, Dehradun and is numbered as Original Suit No. 1013 of 2021 (Satish Bisht vs. Smt. Manju). Applicant has sought transfer of the said suit from Dehradun to the court of competent jurisdiction at Almora. 4. It is contended that marriage between the parties was solemnised on 30.04.2018 and applicant lived with the respondent for about three years and thereafter she was thrown out of her matrimonial home and now she is at the mercy of her parents to reside at Almora and she is without any source of income. It is further contended that distance between Almora and Dehradun is nearly 350 kms, out of which 100 kms is in the hill, therefore, it is not possible for the applicant to travel to Dehradun for each and every date of hearing. 5. Learned counsel for the respondent, however, opposed the prayer for transfer and submitted that learned Judge, Family Court vide order dated 22.10.2021 has directed the respondent to pay ₹2,000/- towards travel and lodging expenses for every visit which applicant has to make from Almora to Dehradun. 2025:UHC:771 6. Learned counsel for the applicant submits that the amount of ₹2,000/- is not sufficient for meeting the travel expenses alone, what to say of other expenses, as applicant has to be escorted by some male member and more than ₹2,000/- is spent on bus ticket alone. He thus submits that in the interest of justice, the divorce petition needs to be transferred to Almora. 7. This Court finds substance in the submission made by learned counsel for the applicant. A sum of ₹2,000/-, directed to be paid by Family Court towards travel and lodging expenses, is grossly insufficient, having regard to the distance between Almora and Dehradun. 8. Even otherwise also, young lady of 25 years, from rural background, cannot be expected to perform long journey of her own without being escorted by a family member. 9. In such view of the matter, transfer application is allowed. Let the record of Original Suit No. 1013 of 2021 be transferred from the court of Judge, Family Court, Dehradun to the court of competent jurisdiction in Almora. 10. Registry is directed to send a copy of this order to both the courts, within 48 hours for compliance. (Manoj Kumar Tiwari, J.) 12.02.2025 Aswal 2025:UHC:771