IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Civil Transfer Application No. 11 of 2008 Smt. Deepa, W/O Sri Suresh Chandra, D/O Madan Mohan, R/O Baijnath, Tehsil & District Bageshwar. …… Applicant. Versus State of Uttarakhand and another. … O.P.-Respondents. Sri H.C.Pathak and Sri B.D.Pande, learned counsel for the applicant. Sri K.P.Upadhyay, learned Additional C.S.C. for the State-respondent no.1. None appeared on behalf of respondent no.2 despite sufficient service. Date July 11, 2008. Hon’ble B.S.Verma, J. Heard Sri H.C.Pathak and Sri B.D.Pande, learned counsel for the applicant and Sri K.P.Upadhyay, learned Additional C.S.C. for the State-respondent No.1. None has appeared on behalf of the respondent no.2 despite sufficient service. This application has been moved under Section 24 of the Code of Civil Procedure for transfer of Matrimonial Case No. 88 of 2007, Suresh Chandra Vs. Smt. Deepa, under Section 9 of the Hindu Marriage Act, pending before Family Court Nainital to the Court of the District Judge, Bageshwar for disposal. According to the applicant, she was married to respondent no.2 on 18-5-2003 as per Hindu rites and rituals and they started living together since then. The respondent no.2 along with his family members started treating the applicant with cruelty, hence she made a complaint to her mother and brother and ultimately on 20-1-2004, the applicant was deserted from her matrimonial house and she started living at her parental house at Baijnath. The applicant filed an application under Section 125 of the Code of Criminal Procedure for maintenance in the Court of 2 Chief Judicial Magistrate, Bageshwar bearing No. 97 of 2007, which is still pending. The respondent no. 2 filed a Civil Suit/matrimonial case No. 88 of 2007 under Section 9 of the of the Hindu Marriage Act for restitution of conjugal rights before the Judge, Family Court, Nainital. The applicant is living at Baijnath with her mother, who is an old widow lady. There is none to accompany the applicant to appear in the court at Nainital from a distant place, as her mother is engaged in a job in the State Bank Branch Dandoli. Hence this application has been filed. The application is supported by an affidavit, which is duly sworn in by the applicant. No objection has been filed against the application. No one is present to contest the application. The application, therefore, deserves to be allowed. The application is allowed. The Matrimonial Case No. 88 of 2007, Suresh Chandra Vs. Smt. Deepa, under Section 9 of the Hindu Marriage Act, pending before Court Nainital is transferred to the court of the District Judge, Bageshwar for disposal in accordance with law. ( B.S.Verma, J. ) RCP 3 4