IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Crl. Misc. Transfer Application No.05 of 2012 (U/s 407 Cr.P.C.) Smt. Sunita ………..Petitioner Versus Mukandi Lal and others ………Respondents Dated: September 5, 2012 Hon’ble Servesh Kumar Gupta, J. Mr. Pradeep Chauhan, Advocate, for the petitioner. Mr. D.C.S. Rawat, Advocate, for the respondents. Having heard learned counsel on behalf of either party, it appears that petitioner was the second wife of deceased Narendra, who was the son of respondents no.1 and 2. Narendra was employed in the Power House at Cheela, Distt. Pauri Garhwal. His first wife Guddi expired leaving two sons, namely, Pradeep and Sandeep. Narendra also left behind his two children from his first wife as well as his old parents. After the death of her husband Narendra, the petitioner, on the basis of a compromise between the parties, managed to secure her job in place of her husband under Dying-in- Harness Rules. However, it was settled that she would give Rs.1,000/- per month as the amount of maintenance to respondents no.1 and 2, and that the same will be deducted from her monthly salary. It was further settled that the pension of the deceased would be received by Sandeep Kumar (son of deceased). Thereafter the petitioner moved an application u/s 127 Cr.P.C. seeking modification of order of maintenance on the ground that another son Pradeep Kumar attained majority. Now, the transfer petition has been filed by her on the ground that both the parties reside at Chilla and thus, the 2 case may be transferred in Haridwar court. This application has been resisted by the respondents’ counsel on the ground that petitioner has solemnized another marriage with Rajendra Tamta. It was further argued that the respondents no.1 and 2, i.e. Mukandi Lal and Smt. Bisna Devi, apprehend that because of the estrange attitude of Mr. Tamta, they will not be permitted by the husband of petitioner to fight the case peacefully at Haridwar. The Court is quite satisfied with the arguments put forth by learned counsel for the opposite party and finds that there is no merit in this petition. Petition for transfer of the case is, accordingly, dismissed. Learned Judge, Family Court, Pauri Garhwal, Camp at Kotdwar is directed to decide the litigation pending between the parties expeditiously. (Servesh Kumar Gupta, J.) 05.09.2012 Rdang