Citation : 2026 Latest Caselaw 73 UK
Judgement Date : 3 January, 2026
HIGH COURT OF UTTARAKHAND AT NAINITAL
Civil Transfer Application No.43 of 2025
Smt. Champa Devi ..........Applicant
Vs.
Pankaj Nath ............. Respondent
Present : Ms. Neelima Mishra Joshi, Advocate for the applicant appeared
through video conferencing.
Mr. Prasoon Dhariyal, Advocate for the respondent appeared through
video conferencing.
JUDGMENT
Hon'ble Ravindra Maithani, J. (Oral)
By means of the instant transfer application, filed
under Section 24 of the Code of Civil Procedure, 1908, the
applicant seeks transfer of Family Suit No.50 of 2024, Pankaj Nath
Vs. Smt. Champa Devi ("the case"), from the court of Civil Judge
(Sr. Div.) Champawat to the Family Court, Haldwani.
2. Heard learned counsel for the parties and perused the
record.
3. The applicant and the respondent were married on
17.04.2023. Thereafter, dispute arose. There are litigations between
the parties. The respondent filed divorce suit, which is pending in
the court of Civil Judge (Sr. Div.) Champawat.
4. It is the case of the applicant that she is staying in
Haldwani; it is much inconvenient to her to travel to Champawat.
Even according to the applicant, there is another matrimonial case
pending between the parties in the court at Haldwani.
5. Learned counsel for the applicant would submit that
the applicant is staying at Haldwani, District Nainital; it is much
inconvenient to her to attend the proceedings at Champawat. She
also submits that there is another matrimonial case pending
between the parties at Haldwani, where the respondent is also
appearing.
6. Learned counsel for the respondent would submit that
he has no objection, if the case is transferred to the court at
Haldwani.
7. The applicant has made out the case that, in fact, it is
much inconvenient to her to attend the proceedings in the court at
Champawat. Therefore, having considered the entirety of facts, this
Court is of the view that the case may be transferred from the court
of Civil Judge (Sr. Div.) Champawat to the Family Court, Haldwani.
Accordingly, transfer application deserves to be allowed.
8. Transfer application is allowed.
9. Family Suit No.50 of 2024, Pankaj Nath Vs. Smt.
Champa Devi is transferred from the court of Civil Judge (Sr. Div.)
Champawat to the Family Court, Haldwani.
10. Let a copy of this order be sent to both the courts.
(Ravindra Maithani, J.) 03.01.2026 Sanjay
SANJAY
DN: c=IN, o=HIGH COURT OF UTTARAKHAND,
2.5.4.20=e50e50b49596520698eff87e0a08bbd5 04686df4d1afc60f54a287831dec46fe,
KANOJIA postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD 8EC450A84B515A087CAEFD1B3179A7DEAE406 99, cn=SANJAY KANOJIA Date: 2026.01.05 12:31:43 +05'30'
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