Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Civil Misc. Transfer Application No.53 of 2024
Mansi
….......Applicant Vs. Anil Singh
……....... Respondent Present : Mr. Nivesh Bahuguna, Advocate for the applicant.
None is present for the respondent.
JUDGMENT
Hon’ble Ravindra Maithani, J. (Oral)
By means of the instant application, filed under Section 24 of the Code of Civil Procedure, 1908 (“the Code”), the applicant seeks transfer of Original / Matrimonial Suit No.21 of 2024, Anil Singh Vs. Smt. Mansi (“the case”), under Sections 13(1)(ii) of the Hindu Marriage Act, 1955, from the court of Civil Judge (Sr. Div.) Uttarkashi to the Family Court, Tehri Garhwal.
2.
The respondent was issued a notice. Despite service, he did not appear on 26.06.2025. On that date this Court observed,
“As per office report, respondent is duly served with the notice. Since there is no representation on his behalf, in the interest of justice, case is adjourned to 21.08.2025.”
3.
Heard learned counsel for the parties and perused the record.
4.
Learned counsel for the applicant submits that the applicant a resident of a remote area of District Tehri Garhwal and it is quite difficult for her to join the proceedings of a suit in Uttarkashi; it is a hilly area. It is submitted that, in fact, the respondent is also resident of District Tehri Garhwal; he is posted in District Uttarkashi.
2
5.
Having considered the
submissions and also considered the fact that the respondent despite notice did not choose to put his appearance, this Court is of the view that the suit may be transferred from the court of Uttarkashi to the court of Tehri Garhwal. Accordingly, civil misc. transfer application deserves to be allowed.
6.
Civil misc. transfer application is allowed.
7.
Original / Matrimonial Suit No.21 of 2024, Anil Singh Vs. Smt. Mansi is transferred from the court of Civil Judge (Sr. Div.) Uttarkashi to the Family Court, Tehri Garhwal.
8.
Let a copy of this order be sent to both the courts.
(Ravindra Maithani, J.)
21.08.2025 Sanjay SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bbd50 4686df4d1afc60f54a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD8 EC450A84B515A087CAEFD1B3179A7DEAE40699, cn=SANJAY KANOJIA Date: 2025.08.25 17:05:45 +05'30'