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2025 DAILYLAW 8682 (UTT)

NAVEEN KANDIYAL v. NISHA

C447/19/2025 · 2025-07-10

Manoj Kumar Tiwari

body2025

Judgment text

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2025:UHC:5954 SL. No. Date Office Notes, reports, orders or proceeding s or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C447 No. 19/2025 Hon’ble Manoj Kumar Tiwari, J. Mr. Prashant Khanna, Advocate, for the applicant. Mr. K.S. Bora, Deputy AG, for the State. (2) Applicant is the husband. His wife (respondent no. 1) has filed an application claiming maintenance before Family Court, Rudraprayag, which is registered as Misc. Criminal Case No. 27 of 2025. In this transfer application, applicant has sought transfer of the said case from Rudraprayag to Dehradun. Perusal of the transfer application, however, reveals that applicant is serving as Assistant Teacher at Bhatwari in District Uttarkashi, while his wife is living with her parents in District Rudraprayag; since applicant is not paying maintenance to his wife, therefore, she has approached the Family Court claiming maintenance. (3) Law is well settled that in matrimonial disputes, when parties seek transfer of proceedings from one place to another, convenience of wife has to be given precedence. Applicant’s wife has prayed for maintenance, which indicates that she has little or no source of income. Thus asking her to visit Dehradun from Rudraprayag on each and every date of hearing of the case, by allowing the prayer for transfer made by the applicant, would 2025:UHC:5954 add insult to the injury. (4) In such view of the matter, prayer for transfer made by the applicant is rejected. Transfer application is dismissed accordingly. (Manoj Kumar Tiwari, J.) 10.7.2025 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=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462 503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C 67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.07.10 18:28:08 +05'30'