2026:UHC:3777 HI GH COURT OF UTTARAKHAND AT NAI NI TAL HON’BLE SRI JUSTI CE SUBHASH UPADHYAY CI VI L TRASFER APPLI CATI ON ( C2 4) NO.3 9 OF 2 0 2 5 1 5 t h May , 2 0 2 6 Kiran Bharti ...Applicant. Ver su s Nand Kishore …Respondent. Counsel for the applicant : Mr. Manindra Singh Bhandari, learned counsel. Counsel for the respondent : None is present on behalf of the respondent. JUDGMENT: ( per Mr . Su bhash Upadh yay, J.) Heard Mr. M.S. Bhandari, learned counsel for the applicant. 2. Notices were issued to the respondents and, as per the office report, service has been effected on the said respondent, however, there is no representation on behalf of the respondent. 3. This C24 application has been filed with the prayer to transfer the Matrimonial Suit No.01/ 2025, “Nand Kishore Vs. Smt. Kiran Bharti”, to Family Court, Chamoli from the Court of Family Judge, Haridwar. 4. Learned counsel for the applicant submits that the marriage between the parties was solemnized on 28.04.2016 and out of the wedlock, the applicant gave birth to a male 1 2026:UHC:3777 child, namely, Master Pranay on 02.02.2017. The child is at present 9 years of age who is studying in a School at Gopeshwar, District Chamoli. 5. As per case of the applicant, the dispute arose between the parties when the applicant was appointed as Guest Teacher and was posted at Government Inter College- Pagna, Block-Nanda Nagar Ghat, District-Chamoli. Due to the appointment of the applicant as a Guest Teacher in 2020, the husband of the applicant/ respondent was not happy and forced the applicant to live with him at Haridwar wherein he was posted as Constable at the relevant time. 6. In February, 2025 the applicant received a summon from the Family Court, Haridwar and she was directed to appear before the said Court in Case No.1/ 2025, “Nand Kishore Vs. Kiran Bharati” filed by the respondent under Section 9 of the Hindu Marriage Act, 1955 for Restitution of Conjugal Rights. 7. Learned counsel for the applicant submits that the applicant is posted as Guest Teacher at Chamoli and it would be difficult for her to attend the Court proceeding at Haridwar, which is more than 232 kilometers from the place of her present posting. 8. Learned counsel for the applicant also made a submission that the case was filed at Haridwar when the 2 2026:UHC:3777 respondent was posted at the said place and at present the respondent is not posted at Haridwar and, as such, the proceeding before the court at Haridwar is liable to be transferred. 9. In view of the facts stated above, the Court is of the view that the applicant has made out a case for transfer of the case from Haridwar to Chamoli. 10. Accordingly, the instant C24 application is allowed. Thus, the Matrimonial Suit No.01/ 2025, “Nand Kishore Vs. Smt. Kiran Bharti”, pending before the court of Family Judge, Haridwar is transferred to the Family Court at Chamoli. 11. As a sequel thereto, the miscellaneous applications, if any pending, shall stand disposed of. 12. Let a copy of this order be sent to the court concerned for compliance. _ _ _ __ _ _ _ _ __ _ _ _ _ _ _ _ _ SUBHASH UPADHYAY, J. Dt: 15.05.2026 Sukhbant 3 SUKHBAN T SINGH Digitally signed by SUKHBANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7 bc7dd129a8a6380d49b1885e628615, postalCode=263001, st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1DD4F B4BEBD2B7D72C42261361AED33172F152148D, cn=SUKHBANT SINGH Date: 2026.05.19 10:02:23 +05'30'