C528/343/2026
2026 Latest Caselaw 1868 UK

Uttarakhand High Court

C528/343/2026 on 12 March, 2026

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                                 C528 No.343 of 2026
                                 Hon'ble Alok Mahra, J.

Mr. Shiv Pandey, Advocate for the applicant.

2. Applicant and the respondent are husband and wife. The applicant is residing at Boisar, District Palghar, Maharashtra, and several litigations between the parties are pending before the Courts in the State of Maharashtra.

3. Learned counsel for the applicant submits that earlier the respondent had filed an application under Section 125 Cr.P.C. before the Court of the Judicial Magistrate (First Class), Thane, which was registered as Misc. Application No.681 of 2022. Thereafter, the respondent preferred a transfer application being Transfer Petition (Criminal) No. 950 of 2024 before the Hon'ble Apex Court seeking transfer of the said proceedings. The Hon'ble Apex Court, vide order dated 10.02.2025, dismissed the transfer petition observing that mere shifting of residence cannot be a ground for seeking transfer of the proceedings. It is further submitted that subsequently the respondent moved an application for withdrawal of the proceedings under Section 125 Cr.P.C. before the Court at Thane. The learned 11th Judicial Magistrate, First Class, Thane, vide order dated 09.12.2024, permitted withdrawal of the said application with liberty to institute fresh proceedings before the appropriate court. Thereafter, the respondent instituted a fresh application under Section 144 of the B.N.S.S. read with Section 125 Cr.P.C. before the learned Principal Judge, Family Court, Dehradun, seeking maintenance. Pursuant to the issuance of notices, the applicant entered appearance and raised a preliminary objection contending that the respondent had concealed material facts, namely the earlier filing of proceedings under Section 125 Cr.P.C. before the Court at Thane and the order passed by the Hon'ble Apex Court dismissing her transfer petition.

4. Learned counsel for the applicant submits that such suppression of material and vital facts renders the application not maintainable in law. However, the learned Principal Judge, Family Court, Dehradun, vide order dated 09.01.2026, rejected the objections raised by the applicant and held that the Family Court at Dehradun possesses jurisdiction to entertain and adjudicate the said application. It is further submitted that the respondent has also moved a transfer application seeking transfer of Case No. 463 of 2024, in which notices have already been issued.

5. Issue notice to the respondent, returnable at an early date.

6. List after service report is received. By that time, counter affidavit may be filed.

7. Considering the submission advanced by learned counsel for the applicant, it is directed that, till the next date of listing, further proceedings of Case No.463 of 2024 pending in the Court of learned Principal Judge, Family Court, Dehradun, shall remain stayed.

8. Interim relief application (I.A. No.1 of 2026) stands disposed of.

(Alok Mahra, J.) 12.03.2026 Arpan