Extracted from the PDF above. The PDF is authoritative.
UKHC010151852025
2026:UHC:5323 HIGH COURT OF UTTARAKHAND AT NAINITAL Civil Transfer Application (U/s 24) No. 69 of 2025 Dated: 03rd July, 2026
Smt. Himani Pant @ Himani Pandey
------- --Applicant
Versus
Bhavesh Pandey
--------Respondent
-------------------------------------------------------------- Presence:- Mr. Nitin Tewari, learned counsel for the applicant. Ms. Mamta Bisht, learned counsel for the respondent.
Hon’ble Mr. Subhash Upadhyay, J.
This Transfer Application has been filed by the applicant seeking transfer of the Suit No.53 of 2025, filed under Section 25(1)(ii) of the Uttarakhand Uniform Civil Code, 2024, pending in the court of Family Judge, Bageshwar to the Judge, Family Court, Haldwani, District Nainital.
2.
Learned counsel for the applicant submits that the marriage of the applicant was solemnized on 05.12.2023 with the respondent as per Hindu Rituals. The applicant left for her parental home on 14.12.2023 and thereafter on 17.12.2023 the applicant went to Haldwani for her health checkup and for examination. The applicant received a notice by the Family Court, Bageshwar in the suit filed by the respondent, whereby the applicant was asked to put in appearance on 25.09.2025. The applicant submits that she is residing at Haldwani at the house of her 1
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2026:UHC:5323 elder sister and is preparing for competitive examination and is engaged in online studies and regular visits to library.
It is further contention of the applicant that the respondent is presently working in a private company in Bangaluru, and, in case, the suit is transferred from Bageshwar to Haldwani then it will also be convenient for the respondent to attend the court proceedings at Haldwani. It is further submitted that the distance from Haldwani to Bageshwar is nearly 170 kilometers and the applicant has to face difficulties and the studies of the applicant would be affected in case the applicant is compelled to attend the court proceeding at Bageshwar.
3.
Learned counsel for the respondent has filed an objection to the Transfer Application, wherein it has been stated that the respondent is working in Bangaluru and has to travel long distance to attend the court proceedings. However, it has been stated that the family members of the respondent are residing at Bageshwar and it would be difficult for them to do paravi of the case at Haldwani. Other allegations have also been made against the applicant, however, the same are not the subject matter of the Transfer Application.
4.
Admitted facts in the present case, are that, the respondent is serving in Bangaluru and anyhow, in case, he has to attend the court proceedings at Bageshwar then he 2
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2026:UHC:5323 has to travel from Haldwani. The applicant is residing at Haldwani and pursuing studies at Haldwani.
5.
Looking into the totality of the facts, this Court is of the view that the applicant prayer for seeking transfer of the proceedings from Bageshwar to Haldwani is genuine and as such the present Transfer Application is allowed. The Suit No. 53 of 2025, under Section 25(1)(ii) of Uttarakhand Uniform Civil Code Bhavesh Pandey vs. Smt. Himani Pandey pending in the court of Family Judge, Bageshar is transferred to the Family Court, Haldwani, District Nainital.
(Subhash Upadhyay, J.)
03.07.2026 Pant/ 3