2025:UHC:1712 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UC24/50/2022 UHon’ble Manoj Kumar Tiwari, J. Mr. Vikas Anand, Advocate for the applicant. Mr. Pulak Agarwal, Advocate for the respondent. 2. Respondent has filed a Divorce Petition against applicant before Family Court, Haldwani (Nainital), which is numbered as Civil Suit No. 107 of 2021. Applicant has sought transfer of the said suit from Haldwani to Rudrapur, District Udham Singh Nagar. 3. It is contended that applicant resides at Gadarpur, which is about 15 km from Rudrapur and since applicant has a minor daughter, aged about 6 years, who is school going, it is not possible for the applicant to visit Haldwani on each and every date, fixed in the Divorce Petition. 4. It is further contended that respondent is serving in Yamunanagar in State of Haryana and it would be convenient for him also, if the case is transferred to Rudrapur from Haldwani, as Yamunanagar is closer to Rudrapur, compared to Haldwani. 5. It is further contended that applicant had filed a petition for restitution of conjugal rights under Section 9 of Hindu Marriage Act and also an application, seeking maintenance 2025:UHC:1712 under Section 125 CrPC, and both the cases are pending at Rudrapur, therefore, it would be better if the Divorce Petition is also heard at Rudrapur. 6. Learned counsel for the respondent submits that applicant is employed as Inspector in Sericulture Department of State Government, and is therefore financially independent. Divorce Petition was filed in 2021 and applicant has not filed written statement although she has put in appearance in the year 2022. Thus, he submits that applicant is deliberately lingering on the matter and she does not want an early decision in the Divorce Petition and that is why, she has filed this transfer application. 7. Learned counsel for the applicant submits that his client is presently posted at Kela Khera, which is very close to Rudrapur and since she has to single-handedly look after her school-going minor daughter, while she is also employed, it is very difficult for her to visit Haldwani to contest Divorce Petition. 8. Law is well-settled that in case of matrimonial matter, whenever a request for transfer of proceedings from one Court to another is made, the convenience of the wife has to be given precedence. 9. Even otherwise also, Yamunanagar, where respondent is serving, is closer to 2025:UHC:1712 Rudrapur, therefore, it would be convenient for him also, if the case is transferred from Haldwani to Rudrapur. 10. In view of the aforesaid reasons, prayer for transfer is allowed. 11. The proceedings of Civil Suit No. 107 of 2021 are hereby transferred from Family Court, Haldwani to a Court of competent jurisdiction at Rudrapur, District Udham Singh Nagar. 12. Both Courts shall be informed about this order by Registry, within 48 hours. 13. Mr. Vikas Anand, learned counsel appearing for the applicant submits that his client will file written statement, if already not filed, within two weeks. He further submits that his client will not seek unnecessary adjournment in Divorce Petition. 14. This Court hopes and expects that transferee Court shall decide the divorce petition, filed by respondent as early as possible. (Manoj Kumar Tiwari, J.) 11.03.2025 Mahinder/