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2026 DAILYLAW 4293 (UTT)

RAKESH SINGH NEGI AND OTHERS v. KIRAN

C447/19/2026 · 2026-04-28

Alok Mahra

body2026

Judgment text

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2026:UHC:3233 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS C447/19/2026 Hon’ble Alok Mahra, J. Mr. Abhishek Verma, learned counsel for the applicant. 2. Present C-447 application has been filed seeking transfer of Criminal Case No. 10 of 2026, titled ‘Kiran vs. Rakesh Singh Negi & Others’, under Section 12 of the Protection of Women from Domestic Violence Act, 2005, from the Court of learned Civil Judge (Senior Division), Rudraprayag to any competent court at Kashipur, District Udham Singh Nagar. A further prayer has been made for stay of the proceedings of the aforesaid case. 3. Learned counsel for the applicants would submit that the dispute arises out of matrimonial discord between applicant no.1 and the respondent, who are husband and wife; that, their marriage was solemnized on 14.04.2025 in accordance with Hindu rites and rituals; that, due to certain differences, the respondent/wife, without any sufficient cause, left the matrimonial home and is presently residing at her parental house. 4. It is further submitted that applicant no.1 has instituted a suit for restitution of conjugal rights under 2026:UHC:3233 Section 21 of the Uniform Civil Code, Uttarakhand, 2024 before the learned Additional Principal Judge, Family Court, Kashipur, District Udham Singh Nagar, wherein notice has already been issued to the respondent; that, upon gaining knowledge of the said proceedings, the respondent, with an ulterior motive and on false and concocted allegations, instituted the present complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 at Rudraprayag. 5. Learned counsel also submits that applicant no.1 is a 45% disabled person suffering from Muscular Dystrophy; that, applicant nos. 2 and 3 are senior citizens suffering from various ailments, and applicant no.2 is also a person with 50% permanent disability. It is argued that considering the distance of approximately 312 kilometers, including difficult hilly areas, it would cause great hardship to the applicants to attend proceedings at Rudraprayag. Hence, transfer of the case to Kashipur has been sought. 6. Heard learned counsel for the applicants and perused the material available on record. 7. Perusal of the record, it would reveal that the respondent/wife is also a person with 65% disability. In such circumstances, it would equally be difficult for her to travel a long distance 2026:UHC:3233 to attend proceedings at Kashipur, therefore, considering the overall facts and circumstances of the case, particularly the physical condition of both parties, this Court does not find it to be a fit case for transfer. 8. Accordingly, the C-447 application is dismissed. 9. No order as to costs. (Alok Mahra, J.) 28.04.2026 Mamta