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(2026) Law Today Live Doc. Id. 21514
Decided on: 21.05.2026
For Petitioner(s):
Ms. Monika Thakur, Adv., Mr. Suraj Pal Singh Mina, Adv., Mr. Akash, Adv., Mr. Ashish Pandey, AOR, Mr. Mahesh Dutt Shukla, Adv.
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Transfer of matrimonial proceedings – Transfer sought by wife – Distance between Dehradun, Uttarakhand, and Malerkotla, Punjab, making it inconvenient for the wife to attend proceedings – Petition transferred to Malerkotla.
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Hindu Marriage Act, 1955 (25 of 1955), Sections 10 and 26 – Code of Civil Procedure, 1908 (V of 1908), Section 25 – Judicial separation – Transfer of matrimonial proceedings – Wife sought transfer of husband’s suit from Family Court, Dehradun, Uttarakhand, to the competent court at Malerkotla, Punjab – Inconvenience caused by distance considered – Suit transferred to the competent court at Malerkotla – Husband’s virtual appearance left to the discretion of the transferee Court, unless personal presence is necessary – Transfer petition allowed.
(Paras 1-7)
ORDER
1. The petitioner (wife) has filed this petition seeking transfer of Original Civil Suit No. 225 of 2024 titled as Nabh Chaurasia vs. Smt. Ritu Chaurasia filed by the respondent (husband) under Section 10 and 26 of the Hindu Marriage Act, 1955 from the Family Court, Vikasnagar, District Dehradun Uttarakhand to the court of competent and corresponding jurisdiction at Malerkotla, Punjab.
2. Despite service of notice on the respondent, no one has entered appearance on his behalf. However, vide order dated 16.04.2026, awaiting representation of the respondent, the matter was adjourned. Even today, there is no one present on behalf of the respondent to oppose the prayer as made in the transfer petition.
3. Having heard learned counsel for the petitioner and looking to the distance between Vikasnagar, Dehradun, Uttarakhand, it would be inconvenient to the petitioner (wife) to attend the proceedings at Vikasnagar, Dehradun, Uttarakhand.
4. Therefore, we deem it appropriate to allow this transfer petition and accordingly, Original Civil Suit No.225 of 2024 titled as Nabh Chaurasia vs. Smt. Ritu Chaurasia filed by the respondent (husband) under Section 10 and 26 of the Hindu Marriage Act, 1955 is ordered to be transferred from the Family Court, Vikasnagar, District Dehradun Uttarakhand to the court of competent and corresponding jurisdiction at Malerkotla, Punjab.
5. It is on the discretion of the transferee Court to allow the presence of the respondent (husband) virtually until necessarily required.
6. On intimation by email, the records of the case be transferred to the transferee Court without any delay and immediate compliance be made. Confirmed
7. The transfer petition is, accordingly, allowed.
8. Pending applications, if any, stand disposed of.
Petition allowed.
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