IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Civil Transfer Application No. 09 of 2010 Smt. Meenu Pandey, W/o Sri Umesh Chandra Pandey, D/o Late Sri Kailash Chandra Melkani, R/o Village Mal Gaon Dugalkhola, Almora, District Almora. ….Petitioner Vs Umesh Chandra Pandey, S/o Sri Devi Dutt Pandey, R/o Kohli Colony, Bithoria No. 1 Haldwani, District Nainital. …..Respondent Mr. Ravi Babulkar, Advocate holding brief of Mr. Mr Yogesh Pacholia, Advocate for the petitioner. Mr. Pradeep Hariya, Advocate for the respondent. Hon’ble B.S. Verma , J. Heard learned counsel for the parties and perused the record. The present Civil Transfer application has been filed by the petitioner with a prayer to transfer the proceeding of Case No.46 of 2010, Umesh Chandra Pandey Vs. Smt. Meenu Pandey, under Section 13 (i.a.) of the Hindu Marriage Act, 1955 pending before the Family Court Nainital to District Court Almora. Learned counsel for the petitioner has contended that an application under Section 125 of the Code of Criminal procedure proceedings in Case No. 55 of 2010 is pending before Chief Judicial Magistrate, Almora, the averment to this fact has been made in para No.9 of a affidavit which has been filed in support of a transfer application, the respondent-husband of the petitioner has to contest the said case at Almora, Court. 2 According to the petitioner, she is living at Almora, District Almora. Being a lady, it is very inconvenient for her to go to Nainital, District Nainital to contest the case. The petitioner has a minor children living with her. The petitioner is living in Almora with her parents. The grounds shown in the application are sufficient to transfer the case from the Family Court, Nainital to the District Court, Almora, District Almora. The Civil Transfer application is allowed. The Case No. 46 of 2010, Umesh Chandra Pandey Vs. Smt. Meenu Pandey, filed under Section 13(i.a) of the Hindu Marriage Act pending in the Family Court, Nainital is transferred to the District Court, Almora. The Family Court, Nainital, District Nainital is directed to remit the record of the Case No. 46 of 2010, Umesh Chandra Pandey Vs. Smt. Meenu Pandey along with the miscellaneous Case u/s 24, if any filed by the petitioner to the District Court, Almora and the District Judge Almora is directed to conclude the proceedings of Case No. 46 of 2010, Umesh Chandra Pandey, Vs. Smt. Meenu Pandey, filed under Section 13(i.a.) of the Hindu Marriage Act, expeditiously as far as possible after hearing both the parties. All applications stands disposed of accordingly. (B.S.Verma,J) 23-07-2010 MK