C-24 No. 18 of 2009 [ Hon. Prafulla C. Pant, J. Mr. B.D. Kandpal, Advocate present for the petitioner. Mr. Pradeep Lohani, Advocate present for the respondent. By means of this petition, moved under Section 24 of the Code of Civil Procedure, 1908, the petitioner has sought transfer of Suit No. 76 of 2009; Mahesh Chandra Nagila Vs. Laxmi Devi, pending in the court of Principal Judge, Family Court, Nainital (under Section 9 of the Hindu Marriage Act, 1955), to the court of District Judge, Bageshwar. Heard learned counsel for the parties and perused the affidavits filed by them. The parties to the proceedings got married to each other in the year 1990. It is stated in the petition filed before this Court, that the petitioner (wife) who is residing in Bageshwar in her parental house is unable to come to Nainital to contest the petition filed by the husband. A short counter affidavit filed on behalf of respondent shows that the respondent has no objection if the petition under Section 9 of the Hindu Marriage Act, 1955, is transferred from the Family Court at Nainital to the court of District Judge, Bageshwar (there is no Family Court at Bageshwar). In the above circumstances, this petition, under Section 24 of the Code of Civil Procedure, 1908, is allowed. The Suit No. 76 of 2009; Mahesh Chandra Nagila Vs. Laxmi Devi (under Section 9 of the Hindu Marriage Act, 1955), pending in the court of Principal Judge, Family Court, Nainital, is transferred to the court of District Judge Bageshwar, for further trial and disposal of the case. (P.C. P., J.) 09.12.2009 HN