Uttarakhand High Court

C24/86/2025 of DR RAJESH MOHAN SAKLANI Vs NIDHI KALA SAKLANI on 18 December 2025

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Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS 52 (1) C24 No. 86 of 2025 Hon’ble Ravindra Maithani, J. Mr. A.M. Saklani, Advocate for the applicant. Mr. M.C. Kandpal, Senior Advocate, assisted by

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SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS

C24 No. 86 of 2025 Hon’ble Ravindra Maithani, J.

Mr. A.M. Saklani, Advocate for the applicant. Mr. M.C. Kandpal, Senior Advocate, assisted by Mr. Devesh Kandpal, Advocate for the respondent. The applicant seeks transfer of Misc. Criminal Case No. 382 of 2025, Nidhi Kala Saklani Vs. Dr. Rajesh Mohan Saklani (“the case”) for maintenance in the Haldwani court of which transfer is sought by the applicant, under Section 144 of the Bharatiya Nyaya Suraksha Sanhita, 2023 (“BNSS”) from the court of Principal Judge, Family Court Haldwani, District Nainital to the Court of Judge, Family Court, Dehradun. Heard. Learned counsel for the applicant submits that the applicant is working in Oman as Doctor. He gets limited leave. He has appointed his father as power of attorney holder. In a counseling session in Haldwani, his father was assaulted by the respondent and her mother. Therefore, it is necessary that the case may be transferred in the court at Dehradun. On the other hand, learned counsel for the respondent submits that the applicant had filed a divorce petition in Dehradun court, which has already been transferred by this Court today. He submits that it is much inconvenient for the respondent to attend any proceeding in Dehradun. In fact, it is admitted that the respondent had filed Suit No. 676 of 2025, Dr. Rajesh Mohan Vs. Smt. Nidhi Kala in the court of Judge, Family Court, Dehradun seeking divorce. The respondent had sought transfer of it from Dehradun court to Haldwani court by filing Transfer Application No. 52 of 2025, which has admittedly been allowed today and divorce suit has been transferred from Dehradun court to Haldwani court. This Court has considered all the relevant factors for this purpose. Therefore, there is no reason to transfer the case from Haldwani court to Dehradun court. Accordingly, the transfer application filed by the applicant deserves to be dismissed. The transfer application is dismissed.

(Ravindra Maithani, J.) 18.12.2025 Jitendra

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