Research › Search › Judgment

High Court of Uttarakhand · body

2025 DAILYLAW 7074 (UTT)

ANITA RAWAT v. DEEPAK SINGH MEHRA

C24/36/2024 · 2025-05-16

Manoj Kumar Tiwari

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS C24 No. 36/2024 Hon’ble Manoj Kumar Tiwari, J. Mr. B.M. Pingal, Advocate, for the applicant. (2) Wife has sought transfer of a suit for restitution of conjugal rights, filed by husband (respondent) from Family Court, Khatima, Udham Singh Nagar to Family Court, Haldwani. (3) This Court, vide order dated 22.5.2024, had directed for issuance of notice to respondent. As per office report dated 10.6.2024, respondent has been duly served. Since there was no one to represent the respondent on the next date fixed in the matter, therefore, applicant’s Counsel was directed to serve copy of the transfer application to Mr. Manoj Bhatt, Advocate, who was appearing for respondent in a criminal revision filed by him challenging the order passed in proceedings under Section 125 CrPC. (4) Mr. B.M. Pingal, learned Counsel for the applicant, submits that in terms of the order dated 12.2.2025, copy of the transfer application was served to Mr. Manoj Bhatt. (5) Today, Mr. Sachin, Advocate, holding brief of Mr. Manoj Bhatt, submits that he does not have any instruction in the matter. (6) Since notice was served on the respondent in June, 2024 itself and despite service, respondent has not put in appearance, therefore, only inference which can be drawn is that respondent has nothing to say against the averments made in the transfer application. (7) Applicant has sought transfer of the aforesaid case on the ground that she has a minor son, aged 4 years; applicant is living with her parents at Haldwani, as she is without any source of income and amount of maintenance fixed by court concerned is also not being paid to her regularly; distance between Haldwani and Khatima is approximately 76 kilometres and she is unable to travel along with her minor son to Khatima to attend the proceedings on each and every date. (8) In above view of the matter and having regard to the facts and reasons mentioned in the transfer application, the same is allowed. Proceedings of Family Case No. 74 of 2024 are transferred from the Court of Family Judge, Khatima, Udham Singh Nagar to the Court of competent jurisdiction at Haldwani. (9) Registry to inform both the courts concerned by 21.5.2025. (Manoj Kumar Tiwari, J.) 16.5.2025 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab19 8d462503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6F CA58C67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.05.17 12:45:02 +05'30'