C24/74/2022
2023 Latest Caselaw 485 UK

             IN THE HIGH COURT OF UTTARAKHAND
                                  AT NAINITAL
                 THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI

            CIVIL TRANSFER APPLICATION NO. 74 OF 2022

           (under Section 24 of the Code of Civil Procedure)

                           23RD FEBRUARY, 2023

BETWEEN:
Pallavi Rawat                                                 .....Applicant.
And

Akhilesh Rawat                                                ....Respondent.

Counsel for the Applicant : Mr. Priyanshu Gairola, learned counsel.

Counsel for the Respondent : None.

The Court made the following:

JUDGMENT:(per Hon'ble The Chief Justice Sri Vipin Sanghi)

Despite service, none appears for the respondent.

2. The applicant has preferred the present application

under Section 24 of the Code of Civil Procedure to transfer

the Suit No.96 of 2022, "Akhilesh Rawat vs. Pallavi", filed by

the respondent- husband, under Section 9 of the Hindu

Marriage Act, from the Court of learned Judge, Family Court,

Tehri, District Tehri Garhwal to the Court of learned Principal

Judge, Family Court, Dehradun.

3. The applicant is the wife of the respondent. It

appears that on account of matrimonial dispute, they are not

living together. While the applicant is residing at Dehradun,

the respondent is residing in District Tehri Garhwal. The

respondent has instituted the aforesaid Suit under Section 9

of the Hindu Marriage Act to seek restitution of conjugal

rights. The parties have a minor child, who is ten years of age

now, and is residing with the applicant. The applicant states

that she is unemployed. The child is studying at Doon

Blossoms School, Dehradun. I am informed that the travel

time between Dehradun to Tehri Garhwal, where the Court is

located, is about three hours.

4. Learned counsel submits that the applicant has also

instituted proceedings under Section 125 of the Code of

Criminal Procedure for maintenance before the Family Court,

Dehradun.

5. In these circumstances, I am inclined to allow the

present application. The respondent has not appeared to

disclose any valid ground for opposing the same.

6. Accordingly, I direct transfer of Suit No.96 of 2022,

"Akhilesh Rawat vs. Pallavi", filed under Section 9 of the

Hindu Marriage Act, from the Court of learned Family Judge,

Family Court, Tehri, District Tehri Garhwal to the Court of

learned Principal Judge, Family Court, Dehradun.

7. The petition stands disposed of in the aforesaid

terms.

8. Pending application, if any, also stands disposed of.

(VIPIN SANGHI, C.J.)

Dated: 23rd February, 2023 NISHANT