High Court · 2025

1. Ms. Pushpa Joshi, learned Senior Counsel assist ed by Ms. Chet na Lat wal, learned counsel for t he applicant . 2. Mr. Mani Kum ar, learned counsel for t he respondent .

3. Part ies were m arried at Haldwani on 13.12.2015. As per t he pleadings m ade in t he t ransfer applicat ions, t hey st ayed t oget her t ill 11.07.2023 and t hereaft er, t hrown out of her applicant was m at rim onial hom e by t he respondent , consequent ly, she had t o go back t o her parent s, who are residing at Haldwani ( Nainit al) ; however, t he only son of t he part ies was forcibly respondent and t he son is present ly in t he cust ody of respondent at Rudrapur. snat ched

4. Applicant m oved an applicat ion for m aint enance under Sect ion 125 Cr.P.C. before t he Fam ily Court at Rudrapur, is num bered as Miscellaneous Crim inal Case No. 14 of 2024. Husband ( respondent herein) also m oved a pet it ion, seeking divorce under Sect ion 13( 1) ( i- a) of Hindu Marriage Act , which is also pending before t he Fam ily Court , Rudrapur, Dist rict Udham Singh Nagar. Applicant has sought t ransfer of t hese t wo cases from Fam ily Court , Rudrapur t o a court of com pet ent j urisdict ion at Haldwani.

5. wit hout I t is cont ended t hat t he applicant is incom e; source t o Rudrapur respondent has not provided any am ount as m aint enance t o her; it is unsafe for t he applicant t o t ravel all alone from t he Haldwani aforesaid court proceedings on each and every dat e of hearing; applicant ’s fat her is an old m an wit hout any m eans, t herefore, bot h t he cases deserve t o be t ransferred from Rudrapur t o Haldwani. t o cont est applicant applicat ions, learned counsel 6. Mr. Mani Kum ar, appearing for t he respondent , however, subm it s t hat in t he cause t it le of t he t ransfer m ent ioned her address as House No. 04, P.S. Dineshpur, Tehsil Rudrapur, Dist rict Udham Singh Nagar, which indicat es t hat t he applicant is also residing at Rudrapur, t herefore, no case t ransfer of Dist rict Nainit al, which is about 30 km s furt her cont ended by learned counsel for t he respondent t hat a crim inal case, under Sect ion 307 of I PC, is pending against t he applicant , t herefore, his client has t hreat t o his life and it would be unsafe for him t o visit Haldwani on each dat e of hearing. from Rudrapur. is m ade out t o Haldwani t he cases I t t he order of lodged against Learned Senior Counsel t he 7. t hat a applicant , however, point s out false FI R was t he applicant under Sect ion 307 of I .P.C., and in a revision pet it ion, filed by applicant fram ing charge, against coordinat e Bench has st ayed t he charge. Learned Senior Counsel furt her subm it s t hat respondent is not only em ployed in a privat e com pany at SI I DCUL, Rudrapur, but he is also doing privat e business and is a m an of sufficient m eans, t herefore, he will have no difficult y in visit ing Haldwani from Rudrapur at t ending t he court proceedings; but if applicant is m ade t o visit Rudrapur on each and every dat e of hearing, t hen it will be very difficult for her t o pursue t he cases. She has placed reliance upon a j udgm ent rendered by Hon’ble Suprem e Court in t he case of N.C.V. Aishwarya v. A.S. Saravana Kart hik Sha, report ed in 2022 SCC OnLine SC 1199. Para 9 of t he said j udgm ent is reproduced below: - “ 9. The cardinal principle for exercise of power under Sect ion 24 of t he Code of Civil Procedure is t hat t he ends of j ust ice should dem and t he t ransfer of t he suit , appeal or ot her proceeding. I n m at rim onial m at t ers, wherever Court s are called upon t o consider t he plea of t ransfer, t he Court s have t o t ake int o considerat ion t he econom ic soundness of bot h t he part ies, t he social st rat a of t he spouses and t heir behavioural pat t ern, t heir st andard of life prior t o t he m arriage and subsequent t heret o and t he circum st ances of bot h t he part ies in eking out t heir livelihood and under whose prot ect ive um brella t hey are seeking t heir sust enance t o life. Given t he prevailing socio- econom ic paradigm in t he I ndian societ y, generally, it is t he wife’s convenience which m ust be looked at while considering t ransfer.”

8. Ms. Pushpa Joshi, learned Senior Counsel for t he applicant has also placed reliance upon a j udgm ent rendered by learned Single Judge of High Court of Jharkhand in Transfer Pet it ion ( Civil) No. 22 of 2023 ( Shalini Sharm a v. Sum it Kum ar Shukla) . Para 4 of t he said j udgm ent is ext ract ed below: - “ 4. I t is subm it t ed by learned counsel for t he pet it ioner t hat it is only for t wo days of m arriage pet it ioner was subj ect ed t o cruelt y by t he opposit e part y and hence com plaint and ot her cases w ere filed which is pending in t he court of learned CJM, Hazaribagh. Leaned counsel t he pet it ioner- wife is r esiding in t he dist rict of Hazaribagh and t he financial condit ion of t he pet it ioner is not sound enough t hat she can furt her subm it s t hat frequent ly visit Ranchi t o pursue t he case. Learned counsel subm it s t hat since pet it ioner is a fem ale, right has accrued t o her t o get t he case t ransferred at a place where she resides. I n support of his cont ent ion, learned counsel places reliance on j udgm ent passed by t he Hon'ble Apex Court in case of Sum it a Singh Vs. Kum ar Sanj ay Kum ar & Ors. [ Tr. Pet . ( C) . No. 396 of 2000] and in case of Raj ani Kum ari Vs. Mohan Murari & Anr. [ Tr. Pet . ( C) . No. 1683 of 2018] .” t he Law t hat set t led is well 9. m at rim onial m at t ers, whenever one of t he part ies t o t he disput e seeks t ransfer of proceedings, t hen convenience of t he wife is t o be given precedence. I n t he present case, wife resides at Haldwani wit h her parent s. According t o her, she is t herefore, she wit hout any m eans, cannot be asked t o visit Rudrapur for cont est ing t he cases pending t here. t o regard t he t he case, bot h fact s and 10. Having circum st ances of t he t ransfer applicat ions are allowed. Let t he record of Miscellaneous Crim inal Case No. 14 of 2024 as well as Fam ily Case No. 07 of 2024 be t ransferred from t he court of Fam ily Court , Rudrapur t o t he Haldwani. j urisdict ion com pet ent

11. Regist ry is direct ed t o send a copy of t his order t o bot h t he court s, wit hin 48 hours, for com pliance. ( M a n o j K u m a r Ti w a r i , J) 07.03.2025 Aswal