This court allowed an application to transfer Original Suit No. 431 of 2021 from Family Court, Dehradun to Pithoragarh. The transfer was justified due to the applicant's lack of income and inability to travel the long distance to Dehradun.
Transfer of Original Suit No. 431 of 2021 from Family Court, Dehradun to Court of competent jurisdiction at Pithoragarh.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
2025:UHC:664
| SL. No. |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGE’S ORDERS |
|---|---|---|---|
| 10.02.2025 | C24 No.8 of 2022 UHon’ble Manoj Kumar Tiwari, J. Mr. Amit Kapri, learned counsel for the applicant. Mr. Dinesh Chandra Gahatori, learned counsel for the respondent. |
||
| 2. Petitioner has sought transfer of |
|||
| Original Suit No. 431 of 2021, filed by respondent before the Court of Principal Judge, Family Court, District Dehradun to |
|||
| the Court of competent jurisdiction at Pithoragarh. |
|||
| 3. Learned counsel for the applicant contends that marriage between applicant and respondent was solemnised at Shanti Kunj, Haridwar on 14.01.2021 and soon thereafter, due to the harassment meted out by the respondent and his family members, applicant had to leave her matrimonial home and thereafter she is residing with her |
|||
| parents at village Gothana, Post office | |||
| Bungachina in District Pithoragarh. He further submits that respondent thereafter filed Original Suit under Section 12 of Hindu Marriage Act, which is numbered as Original Suit No. 431 of 2021 before the Court of Principal Judge, Family Court, Dehradun. A prayer has been made to transfer the said |
|||
| suit from the Court of Principal Judge, Family Court, Dehradun to a Court of |
2025:UHC:664
| competent jurisdiction at Pithoragarh. |
|---|
| 4. Having regard to the fact that |
| applicant is without any source of income and it will not be possible for her to travel a |
| distance of more than 500 kilometre for |
| attending the court proceedings at |
| Dehradun on each and every date of |
| hearing, the Transfer Application is allowed. |
| Original Suit No. 431 of 2021, pending |
| before the Court of Principal Judge, Family |
| Court, Dehradun is transferred to a Court of competent jurisdiction at Pithoragarh. 5. Registry shall communicate this order |
| to the transferee as well as transferor |
| Courts within 48 hours. It shall be open to respondent to seek police protection, if he |
| has any real threat to his life in attending |
| the court proceedings at Pithoragarh. |
| 6. This Court hopes and expects that |
| transferor Court shall decide the suit as |
| early as possible without granting |
| unnecessary adjournments. 7. Pending application(s), if any, stand disposed of. (Manoj Kumar Tiwari, J.) 10.02.2025 Mahinder |
1 issue framed by the court
Whether the application for transfer of suit from Family Court, Dehradun to Pithoragarh should be allowed based on the applicant's financial hardship and distance.
1 provisions across 1 enactments
Applicant
Respondent
Manoj Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
