C-24 No. 16 of 2009 Hon. Prafulla C. Pant, J. Heard Mr. Nand Prasad, Advocate present for petitioner. By means of this petition, moved under Section 24 of the Code of Civil Procedure, 1908, the petitioner has sought transfer of the Divorce Petition No. 116 of 2007; Mukesh Kumar Vs. Abha, pending before Family Court, Udham Singh Nagar, to the court of District Judge, Pithoragarh, or at Family Court Nainital. Notices were issued to the respondent Mukesh Kumar, but he did not turn up, even after service of notice, as such, it can be presumed that he has nothing to say to oppose this petition. Perusal of the petition, which is supported by affidavit, shows that the present petitioner Abha, who is respondent in the proceedings before the Family Court, Udham Singh Nagar, is resident of District Pithoragarh, and finds too much inconvenience to go to Udham Singh Nagar on every date, as District Pithoragarh is a bordering District. The family court nearest to Pithoragarh is the family court at Nainital. Having considered submissions of learned counsel for the petitioner and after going through the contents of the petition, supported by affidavit, this petition is allowed and the Divorce Petition No. 116 of 2007; Mukesh Kumar Vs. Abha, filed under Section 13 of the Hindu Marriage Act, 1955, pending before the Family Court, Udham Singh Nagar, is transferred to the Family Court at Nainital. (Both Stay Application No. 5592 of 2009 as well as Exemption Application No. 5598 of 2009 stand disposed of) (P.C. P., J.) 20.11.2009 HN