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2025 DAILYLAW 6991 (UTT)

HIMANSHU GOYAL v. SEENU GUPTA

C407/15/2024 · 2025-02-12

Manoj Kumar Tiwari

body2025

Judgment text

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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 C407 No. 15 of 2024 Hon’ble Manoj Kumar Tiwari, J. 1. Mr. Bhuwan Bhatt, learned counsel for the applicant. 2. Mr. Shivam Gulati, Advocate holding brief of Mr. Mukesh Rawat, learned counsel for the respondent. 3. Applicant is the husband, who is facing maintenance proceedings initiated by respondent by filing an application under Section 125 Cr.P.C. Applicant has sought transfer of those proceedings from Family Court, Kotdwar to Family Court, Haridwar on the ground that he is a resident of Haridwar and he is suffering from medical condition known as ‘Double Vessel Disease’. 4. Learned counsel appearing for the respondent, however, submits that respondent is without any source of livelihood; she was abandoned after four years of marriage by the applicant and now applicant is residing with her parents and she is not having any means of maintenance, therefore, she has moved an application claiming maintenance, and if that application is transferred from Kotdwar, where respondent resides, to Haridwar then it will become very difficult, nay impossible, for her to appear before the Family Court, Haridwar on each and every date. 2025:UHC:773 5. This Court does not find any reason to grant the prayer as made by the applicant. In matrimonial disputes convenience of the wife is to be given preference, especially when she is without means of income. 6. Accordingly, C407 application is dismissed. (Manoj Kumar Tiwari, J.) 12.02.2025 Aswal