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Judgment
Hon’ble Mr. Subhash Upadhyay, J.
The present application has been filed by the applicant with the prayer that the proceedings of Original Suit No. 776 of 2024, Vivek Baloni vs. Smt. Ankita Baloni, filed under Sections 9 & 26 of the Hindu Marriage Act, 1955, pending before the Court of Principal Judge, Family Court, Dehradun be transferred to the Court of learned Civil Judge (S/D), Uttarkashi, having jurisdiction of the Family Court, Uttarkashi.
Learned counsel for the applicant submits that the applicant and respondent got married on 05.10.2022 in accordance with Hindu rites and rituals and were blessed with a son, namely master Hitarth on 04.08.2023; that immediately after the marriage, she was subjected to cruelty, physically and mentally by the respondent; the husband forced the applicant to make unnatural physical relations; the respondent-husband is a habitual drinker; that due to cruel and inhumane behavior of the respondent-husband, the applicant left company of the respondent and at present is residing at Barkot, District Uttarkashi and the distance of Family Court, Dehradun from Barkot is around 165 Km. and the applicant will face great difficulty in travel.
Leaned counsel for the respondent-husband on instructions submits that she has no objection, if the case is transferred at Uttarkashi.
Having heard the learned counsel for the parties and after perusal of the records, the Court is of the view that the application is liable to be allowed and accordingly the same is allowed. The proceedings of Original Suit No. 776 of 2024, Vivek Baloni vs. Smt. Ankita Baloni, filed under Sections 9 & 26 of the Hindu Marriage Act, 1955, pending before the Court of Principal Judge, Family Court, Dehradun is transferred to the Court of learned Civil Judge (S/D), Uttarkashi, having jurisdiction of the Family Court, Uttarkashi.