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2026 DAILYLAW 6313 (UTT)

ANCHAL BISHT v. RAJNEESH BISHT

C24/5/2025 · 2026-05-30

Subhash Upadhyay

body2026

Judgment text

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2026:UHC:4321 HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE SRI JUSTICE SUBHASH UPADHYAY CIVIL TRASFER APPLICATION (C24) NO.5 OF 2025 30th May, 2026 Anchal Bisht ...Applicant. Versus Rajneesh Bisht …Respondent. Counsel for the applicant : Ms. Sheetal Selwal, learned counsel for the applicant. Counsel for the respondent : Ms. Tanuja Joshi, learned counsel holding brief of Mr. Deepak Bisht, learned counsel for the respondent. JUDGMENT: (per Mr. Subhash Upadhyay, J.) Heard learned counsel for the applicant and learned counsel for the respondent. 2. This C24 application has been filed with the prayer to transfer Matrimonial Case No.170 of 2019, “Rajneesh Bisht Vs. Smt. Anchal Bisht”, filed under Section 13 of the Hindu Marriage Act, 1955, pending in the Court of learned Judge, Family Court, Rudrapur, District Udham Singh Nagar to another Court of District Nainital having the same jurisdiction. 3. Learned counsel for the applicant submits that the applicant got married with the respondent on 24.11.2016 and out of the said wedlock one daughter, namely, Harshita Bisht was born on 28.02.2018. She further submits that behaviour 1 2026:UHC:4321 of the respondent and his parents was not good towards the applicant and they used to harass her for demand of dowry and, ultimately, they ousted her from the matrimonial house and the respondent filed the aforesaid suit for divorce before the Court of Judge, Family Court, Rudrapur, District Udham Singh Nagar. 4. In support of the transfer application, the learned counsel for the applicant submits that the applicant is engaged on contractual basis as Nursing Officer in B.D. Pande Hospital at Nainital and she has a minor daughter to take care of, who is pursuing her education at Nainital. The applicant is not able to travel to contest the case before the Court of Family Judge, Rudrapur, which is approximately 84 km from Nainital. 5. Learned counsel appearing for the respondent submits that she has no objection if the divorce suit is transferred from Court of learned Judge, Family Court, Rudrapur, District Udham Singh Nagar to another Court of District Nainital, however, she contends that the Court may be directed to hear the case at the earliest. 6. Accordingly, the instant C24 application is allowed. Thus, Matrimonial Case No.170 of 2019, “Rajneesh Bisht Vs. Smt. Anchal Bisht”, filed under Section 13 of the Hindu Marriage Act, 1955, pending in the Court of learned Judge, Family Court, Rudrapur, District Udham Singh Nagar is transferred to Family Court Nainital. The learned Judge, Family 2 2026:UHC:4321 Court Nainital shall hear and decide the suit at the earliest. 7. As a sequel thereto, the miscellaneous applications, if any pending, shall stand disposed of. 8. Let a copy of this order be sent to the court concerned for compliance. ___________________ SUBHASH UPADHYAY, J. Dt:30.05.2026 Sukhbant 3 SUKHBANT SINGH Digitally signed by SUKHBANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd129a8a63 80d49b1885e628615, postalCode=263001, st=UTTARAKHAND, serialNumber=2D8B71B8D8E345F6B7F95B1DD4FB4BEBD2B7D72 C42261361AED33172F152148D, cn=SUKHBANT SINGH Date: 2026.06.02 10:21:06 +05'30'