Anita vs Arun Bhatt
2025 Latest Caselaw 2675 UK

Uttarakhand High Court

Anita vs Arun Bhatt on 22 August, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

 HIGH COURT OF UTTARAKHAND AT NAINITAL
           Civil Misc. Transfer Application No. 12 of 2025

 Anita                                                 ........Applicant

                                     Versus

 Arun Bhatt                                           ........Respondent

 Present:-
        Mr. T.C.Pandey, Advocate for the applicant.


                                    JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The applicant seeks transfer of the Civil Suit No.259 of

2024, Arun Bhatt Vs. Anita ("the suit"), under Section 9 of the Hindu

Marriage Act, 1955 ("the Act"), from the court of Additional Principal

Judge, Family Court, Khatima, District Udham Singh Nagar, to the

court of Principal Judge, Family Court/District Judge, Champawat.

2. Heard learned counsel for the appellant and perused the

record.

3. Learned counsel for the applicant submits that the

respondent has filed a suit for restitution of conjugal rights under

Section 9 of the Act in the court at Khatima, because at the relevant

time, the applicant was staying in Tanakpur. Now, she has started

staying with her mother in a village in Champawat, and it takes a lot of

resources for her to reach for hearing in the court at Khatima.

Therefore, the suit may be transferred.

4. The respondent was issued a notice, which has been

served on him, but the respondent did not appear.

5. Having considered the grounds for transfer and also

keeping in view the fact that the respondent, despite notice, have not

filed any response or objections, this Court is of the view that the suit

may be transferred from the court of Additional Principal Judge,

Family Court, Khatima, District Udham Singh Nagar, to the court of

Principal Judge, Family Court/District Judge, Champawat.

Accordingly, the civil transfer appeal deserves to be allowed.

6. The civil transfer application is allowed.

7. Civil Suit No.259 of 2024, Arun Bhatt Vs. Anita, is

transferred from the court of Additional Principal Judge, Family Court,

Khatima, District Udham Singh Nagar, to the court of Principal Judge,

Family Court/District Judge, Champawat.

8. Let a copy of this order be sent to both the courts.

(Ravindra Maithani, J) 22.08.2025 Ravi Bisht