Uttarakhand High Court
Smt. Anita vs Chandramani Kandpal on 4 December, 2025
Author: Ravindra Maithani
Bench: Ravindra Maithani
HIGH COURT OF UTTARAKHAND AT NAINITAL
Misc. Transfer Application No. 83 of 2024
Smt. Anita ......Applicant
Versus
Chandramani Kandpal ....Respondent
Present:
Mr. Mukul Singh Dangi, Advocate for the applicant.
Mr. Manish Lohani, Advocate for the respondent.
Hon'ble Ravindra Maithani, J.(Oral)
The applicant seeks transfer of Civil Case No. 132 of 2022, Chandramani Kandpal Vs. Smt. Anita ("the case""), under Section 13 (1) (A) of the Hindu Marriage Act, 1955 from the Court of Judge, Family Court, Almora to the court of Judge, Family Court Haldwani, District Nainital.
2. Heard learned counsel for the parties and perused the record.
3. The applicant and the respondent both were married on 25.11.2015. Thereafter, the dispute arose. The applicant filed an application under Section 125 of the Code of Criminal Procedure, 1973 ("the Code") in the court at Haldwani. The respondent appeared in the matter. But subsequently, he pressurised the applicant to take divorce. Subsequently, he filed the case in the court at Almora.
4. It is the case of the applicant that she is unemployed. She does not have any source of income. She is dependent on her mother and maternal uncle. She faces hardship and inconvenience in appearing in the court at Almora.
5. The respondent has filed objections.
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6. Learned counsel for the applicant submits that the applicant has no source of income. She is dependent on her mother and maternal uncle. She has already filed a maintenance case in the court at Haldwani. Thereafter, the respondent has filed a divorce case in the Almora court. It is much difficult of the applicant to appear on every date in the Almora court. Therefore, the case may be transferred.
7. On the other hand, learned counsel for the respondent submits that the applicant resides in Almora and not in Haldwani. He also submits that one more case is pending between the parties in Almora court.
8. Admittedly, the applicant has filed a maintenance case under Section 125 of the Code in Haldwani court, where the proceedings are still pending. There is no dispute about it.
9. Learned counsel for the applicant submits that the applicant is, in fact, staying with her maternal uncle in Haldwani.
10. Having considered the grounds for transfer, this Court is of the view that the case may be transferred from the court of Judge, Family Court, Almora to the court of Judge, Family Court Haldwani, District Nainital. Accordingly, the transfer application deserves to be allowed.
11. The transfer application is allowed.
12. Civil Case No. 132 of 2022, Chandramani Kandpal Vs. Smt. Anita, pending before the court of Judge, Family Court Almora, 3 District Almora is transferred to the court of Judge, Family Court Haldwani, District Nainital (Ravindra Maithani, J.) 04.12.2025 Jitendra