HIGH COURT OF UTTARAKHAND AT NAINITAL Transfer Application C24 No. 16of 2011 Garima Shrama and another. …Applicants Versus Smt. Maheshwari Devi And another. …Respondents Mr. B.S. Parihar, Advocate for the applicants. Mr. Navnish Negi, Advocate for respondents. Dated: September 27 , 2011: Hon’ble V.K. Bist, J. Heard the learned counsel for the parties and perused the record. 2. This transfer application has been filed by the applicants seeking transfer of Civil Suit No. 25 of 2011 ‘Maheshwari Devi vs. Garima Sharma and others’, pending in the Court of Civil Judge, (S.D.), Kotdwar, District Pauri Garhwal to a competent Court at District Nainital. 3. Submission of the learned counsel for the applicant is that the applicant no.1 is a widow lady and has a two and half years male child and it is difficult to her to go Kotdwar to appear in every day’s Court proceedings, alongwith her minor child. It is further contended that the respondents are her in-laws, who have beaten her on 29.06.2010 at 7:30 a.m. when she was in her house, for which a criminal complaint was filed by her in the Court of Addl. Judicial Magistrate, Kotdwar under Section 452, 323, 504 and 506 I.P.C. and now the respondents are threatening her for dire consequences by pressing her not 2 to pursue the complaint case before the said Court. It has further been submitted by the learned counsel for the applicant that in case, the applicant visits Kotdwar she is required to stay there and the applicant, being a lady, could not travel such a huge distance without any companion. 4. On the other hand Shri Navnish Negh, the learned counsel for the respondents submitted that the transfer application should not be allowed, as the applicant herself has filed a case under Section 370, 327 of the Indian Succession Act before the Civil Judge (S.D.), Kotdwar. He also submitted that father of the applicant is a Police Officer and is posted in Betalghat in district Nainital and respondent no.1 apprehends that incase, proceeding of said case is transferred, the respondents will also be implicated falsely in any case. He contended that not only the hardship of the applicant should be seen, but hardship of the respondent should also be seen and in the present case, the respondent no.1 is mother-in-law of the applicant no.1 aged about 75 years old and in case, the said case is transferred to the Court at Nainital, she will suffer more hardship than the applicant. 5. I have considered the arguments advanced by the learned counsel for the parties. As far as comparative hardship is concerned, though the respondent no. 1 is 75 years old lady but seeing the fact that the applicant is a young lady having 2½ years old child, I find that it will be more inconvenient for her to visit Kotdwar rather than respondent no.1 to visit Nainital. As far as another argument of the respondent is concerned that as the applicant herself is contesting the case under Section 370, 3 327 of the Indian Succession Act as also the criminal complaint and she has to go Kotdwar for pursuing the same, the transfer application should not be allowed. At this, the learned counsel for the applicant informed the Court that the said Succession Case has already been decided finally. Therefore, there is no question to go to Kotdwar for attending the aforesaid case. As far as filing of criminal complaint is concerned, the same was rightly filed by the applicant/petitioner in a competent Court at Kotdwar, having jurisdiction to entertain the same. Another argument of the learned counsel for the respondent is that applicant’s father is a Police Officer, posted at Betalghat, District Nainital and the respondents have every apprehension that they will be implicated falsely in any criminal case. There is no material on record to substantiate the apprehension that father of the applicant, being a Police Officer, will falsely implicate the respondents in any criminal case. But for removing the apprehension of the respondents that they will be falsely implicated in any case, if the said case is transferred to district Nainital and also considering the argument of learned counsel for the respondent that it will be equally inconvenient for respondent no.1 to go Nainital for attending the case, I think it just and proper that the said case be transferred to some other place. It is informed by the learned counsel for the parties that only Court, having jurisdiction, in between Kotdwar and Nainital is at Kashipur, District Udham Singh Nagar, therefore, while considering the arguments advanced by the learned counsel for the parties, I allow the transfer application and direct that the record of Civil Suit No. 25 of 2011 ‘Maheshwari Devi vs. Garima Sharma and others’, pending in the Court of Civil Judge, (S.D.), Kotdwar, be 4 transferred to the competent Court i.e. Civil Judge (S.D.), Kashipur, District Udham Singh Nagar for its hearing and disposal in accordance with law. (V.K. Bist, J.) 27.09.2011 NCM: