IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Civil Transfer Application No. 20 of 2007 Smt. Shaila Baluni, W/O Sri Virendra Prakash Baluni, R/O Jugran Bhawan, Near Power House Mohalla, Tehsil Pauri, District Pauri Garhwal. …… Applicant. Versus Sri Virendra Prakash Baluni, S/O Sri Hari Krishna, R/O Village Charkinda Patti Kadakot, District Tehri Garhwal, presently posted as Lecturer, Govt. Intermediate College, Dunda, District Uttarkashi, Uttarakhand. … Opposite Party. Sri U.P.S.Negi, learned counsel for the applicant. Sri B.S.Negi, learned counsel for the opposite party. Date June 12, 2008. Hon’ble B.S.Verma, J. Heard Sri U.P.S.Negi, learned counsel for the applicant and Sri B.S.Negi, learned counsel for the opposite party and perused the record. This is an application under Section 24 of the Code of Civil Procedure for transfer of Matrimonial Case No. 13 of 2007, Virendra Prakash Vs. Shaila Baluni, under Section 13 of the Hindu Marriage Act pending in the Court of District Judge Uttarkashi to the Family Court, Pauri, District Pauri Garhwal. On 14-2-2008, learned counsel for the opposite party was granted two weeks’ time to file objection against the application for transfer. Subsequently, learned counsel for the opposite party was granted four weeks time to file counter affidavit, but so far neither any objection or counter affidavit has been filed on behalf of the opposite party. From a perusal of the record, it is obvious that the applicant has been residing at her parents’ house in district Pauri Garhwal. Grounds shown in the affidavit, filed by the applicant, 2 are sufficient to make out a case of transfer. Since no objection or counter affidavit has been filed in the matter, therefore, the application under Section 24 of the Code of Civil Procedure deserves to be allowed. The application is allowed. The O.S. (Matrimonial) No. 13 of 2007, Virendra Prakash Vs. Shaila Baluni, under Section 13 of the Hindu Marriage Act, pending in the court of the District Judge, Uttarkashi is transferred to the Family Court Pauri Garhwal, for disposal in accordance with law. ( B.S.Verma, J. ) RCP 3 4