Uttarakhand High Court
C24/72/2023 of SURBHI GUPTA Vs NITIN JAIN on 6 November 2025
OF UTTARAKHAND AT NAINITAL Civil Transfer Application No. 72 of 2023 Smt. Surbhi Gupta ….....Appellant Versus Sri Nitin Jain ….….Respondent Present:- Mr. Ravi Shankar Kandpal, Advocate for the applicant. None appears for the respondent. Hon’ble Ravindra Maithani, J.
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HIGH COURT OF UTTARAKHAND AT NAINITAL
Civil Transfer Application No. 72 of 2023
Smt. Surbhi Gupta
….....Appellant
Versus
Sri Nitin Jain
….….Respondent
Present:- Mr. Ravi Shankar Kandpal, Advocate for the applicant. None appears for the respondent.
Hon’ble Ravindra Maithani, J. (Oral)
By means of the instant application, the applicant seeks transfer of Case No. 91 of 2023, Shri Nitin Jain v. Smt. Surbhi Gupta (“the case”) under Section 13(1) of the Hindu Marriage Act, 1955 read with Section 7(a) of the Family Courts Act, 1984, from the court of Family Judge, Haridwar to the Family Court, Haldwani, District Nainital.
2. Heard learned counsel for the applicant and perused the record.
3. It is the case of the applicant that she and the respondent were married on 16.02.2014; out of their wedlock, one daughter was born on October, 2016, who is staying with the applicant; their relationship became strained; thereafter, the respondent filed the case in the Haridwar court.
4. In para 15 of the affidavit filed in support of transfer application, the applicant has given details of the cases, which have been transferred to Haldwani Court by orders of this Court. According to the applicant, she is a working woman and presently residing in Haldwani, District Nainital along with her six years old daughter, who suffers from Asthma; therefore, it is very difficult for her to attend the
2 court proceedings at Haridwar; therefore; proceedings of the case may be transferred from Haridwar court to Haldwani court.
5. The respondent was issued notice. The Court on 25.02.2025 had observed that despite service of the notice, the respondent is not appearing.
6. Learned counsel for the applicant submits that the applicant is working as an Assistant Professor at Government Degree College, Haldwani; she stays along with her daughter; it is very inconvenient for her to attend the court proceedings at Haridwar. It is argued that many other matrimonial litigations between the parties have already been transferred to Haldwani Court. Reference has been made to Annexure 3, the orders of this Court transferring the litigations between the parties from Haridwar to Haldwani.
7. Having considered, this Court is of the view that the interest of justice would be better served if the case is transferred from Haridwar to Haldwani Court. Accordingly, the transfer application deserves to be allowed.
8. The transfer application is allowed.
9. The Case No. 91 of 2023, Shri Nitin Jain v. Smt. Surbhi Gupta, pending before the court of Judge, Family Court, Haridwar is transferred to the Family Court, Haldwani, District Nainital. The record of the case shall be transferred to the transferee court forthwith, for deciding it in accordance with law. (Ravindra Maithani, J)
06.11.2025 Avneet/