2025:UHC:5186 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C24/41/2024 Hon’ble Manoj Kumar Tiwari, J. Mr. Nikhil Bhatt, Advocate for the applicant. Mr. Vipul Sharma, Advocate for the respondent. 2. This is an application seeking transfer of Divorce Petition filed by the husband (respondent) under Section 13(1)(ia) of Hindu Marriage Act, 1955, from learned Judge, Family Court Kashipur, District Udham Singh Nagar to the Court of competent jurisdiction at Ramnagar, District Nainital. 3. It is stated that marriage between the parties was solemnised on 03.05.2022; there is no issue out of the wedlock; husband and the in-laws of the applicant started harassing her for dowry after few months of marriage and ultimately, husband filed suit for divorce before Judge, Family Court at Kashipur, District Udham Singh Nagar. 4. Learned counsel for applicant submits that applicant is without any source of income; a sum of Rs. 3,000/- only is being paid to her as maintenance by her husband which is not sufficient to make both ends meet and she does not have sufficient resources to bear the travel 2025:UHC:5186 and other expenses which are needed for visiting Kashipur. 5. It is further contended that as single lady, it is not safe for applicant to visit Kashipur unescorted on each and every date of hearing unescorted, therefore prayer is made to transfer proceedings of Divorce Petition from Kashipur to Ramnagar (Nainital). 6. Learned counsel for the respondent, however, opposes the prayer for transfer and submits that applicant filed an FIR under Section 498A IPC, which resulted in filing of Final Report, she filed another FIR, alleging that respondent forged her signature in her savings bank account, which allegation was also found to be without substance by the Investigating Officer and a Final Report was filed in that case also. 7. He further submits that brother of the applicant is doing Ph.D. from Kashipur, therefore applicant can easily visit Kashipur, as it is at a distance of 30 kms from Ramnagar. 8. Law is well settled that in matrimonial disputes, when prayer for transfer of the case is made, convenience of wife has to be given precedence. 9. Learned counsel for the applicant submits that distance between Kashipur and Ramnagar is 2025:UHC:5186 only 30 km, which indicates that no prejudice would be caused to respondent, if proceedings of divorce petition are transferred from Kashipur to Ramnagar. 10. In such view of the matter, Transfer Application is allowed. 11. Proceeding of Divorce Petition No. 107 of 2024, pending before learned Judge, Family Court, Kashipur, District Udham Singh Nagar is hereby transferred to a Court of competent jurisdiction at Ramnagar, District Nainital. 12. Registry shall communicate this order to both the Courts below by 24.06.2025 electronically. 13. Parties shall appear before the transferee Court on 04.08.2025. (Manoj Kumar Tiwari, J.) 19.06.2025 Mahinder/