MEGHA VOHRA TYAGI vs SAMEER TYAGI

Court
Uttarakhand High Court

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HIGH COURT OF UTTARAKHAND AT NAINITAL
Civil Transfer Application (filed under Section 24 of the Code of

Civil Procedure, 1908) No. 83 of 2025
st

Dated : 31 OCTOBER, 2026
Smt. Megha Vohra Tyagi ---------Applicant
Versus

Sameer Tyagi ------Respondent
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Presence:-
Mr. Rishab Ranghar, learned counsel for the applicant.
Mr. M.S. Tyagi, learned Senior Advocate assisted by Mr. Kailash
Chandra, learned counsel for the respondent.
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1. The present Civil Transfer Application has been
filed by the applicant seeking transfer of the Case No.566
of 2025, “Sameer Tyagi vs. Megha Vohra Tyagi”, pending
st
before the court of I Additional Principal Judge, Roorkee,
District Haridwar to the court of Principal Family Judge,
Dehradun.
2. As per the averments made in the transfer
application, the marriage between the applicant and the
respondent was solemnized on 20.04.2024 in accordance
with Hindu rites and rituals at Roorkee, Haridwar, and out
of said wedlock, the parties were blessed with a daughter
on 02.12.2022, namely Ivanka.
3.
Learned counsel for the applicant submits that
due to harassment by the respondent and his family
members, the applicant had to leave her matrimonial
house in the month of June, 2025 and, thereafter, the
applicant is residing at Dehradun with her parents. It has
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been further contended that the applicant is solely
dependent upon her father, who is an old aged person and
is not able to travel with the applicant from Dehradun to
Roorkee to appear in the case. Apart from that, it has been
submitted that the applicant has to look after her three
years old daughter, and she cannot leave her daughter to
attend the case at Roorkee.
4. Per contra, learned counsel for the respondent,
in his objection, filed in the transfer application, has
stated that the applicant and her family members,
especially her brother Siddhant Vora harassed the
respondent and assaulted him and an FIR No.380 has also
been lodged on 26.10.2025 under Sections 115(2), 333,
351(3) and 352 of the BNS, 2023, in which charge sheet
has also been filed. He thus submits that, in fact, the
respondent is a sufferer and is under threat of life and
body from the side of the family members of the applicant,
as they have assaulted the respondent at an earlier point
of time. It is further contended that the distance from
Roorkee to Dehradun is approximately 65 kilometers and
it takes only one hour and thirty minutes to complete the
said journey. It is, thus, contended that the present
transfer application is liable to be dismissed.
5. Learned counsel for the applicant in reply
submits that the respondent, in fact, had come to the
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house of the applicant on 20.09.2025 and requested that
the applicant may permit her daughter to accompany him
to meet his parent and family members, and assured that
the daughter will be sent back after a week. It is submitted
that on 27.09.2025, the applicant and her brother came to
the matrimonial house to take back the daughter, wherein
the respondent along with his family members (which
include the other six brothers of the respondent) started
assaulting and physically harming the applicant and her
brother, and did not allow the daughter to accompany the
applicant. Thereafter, the applicant had filed an
application before the Women Helpline Number on
04.10.2025 and had sought the custody of her daughter
under Section 23 of the Domestic Violence Act. Vide order
dated 15.10.2025, passed by the Judicial Magistrate,
Dehradun, the custody of the daughter was given to the
applicant. Copy of the order dated 15.10.2025 is enclosed
with the rejoinder affidavit.
6. It is thus contended that the transfer
application is liable to be allowed, as the daughter is
residing with the applicant, who is three years old, and the
applicant would suffer an irreparable loss, in case, the
applicant is forced to attend the court proceedings at
Roorkee. It has been further contended that there are
other cases pending at different courts at Dehradun, and,
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as such, in case, the proceedings are transferred from
Roorkee to Dehradun, then the respondent, who is
attending different cases at Dehradun, would not be
prejudiced. The details of the cases at Dehradun, as
narrated in paragraph no.12 of the rejoinder affidavit, are
reproduced herein below, which are as follows:-
“(a) G&W Case no.3 of 2025 "Sameer Tyagi vs.
Megha Vohra" under section 7 and 10 of
Guardian and Ward Act before Principle Family
Court I, Dehradun.
(b) Case no.58 of 2026 "Kumari Ivanka Tyagi and
another vs. Sameer Tyagi” under section 144 of
BNSS before Principle Family Court I, Dehradun.
(c) Criminal Appeal no.835 of 2025 "Sameer
Tyagi vs. State and another" pending before
District Judge, Dehradun.
(d) Criminal Appeal no.95/2026 "Sameer Tyagi
vs. State and another" pending before District
Judge, Dehradun.
(e) Misc. Criminal Case no.3856/2025 "Megha
Vohra Tyagi vs. Sameer Tyagi and others"
pending before Judicial Magistrate III,
Dehradun.”

7. After hearing the learned counsel for the parties,
this Court is of the considered view that the applicant,
who is currently residing at Dehradun and is looking after
her three years old daughter, would face inconvenience in
case she has to attend the proceedings at Roorkee.
Moreover, other cases as narrated in paragraph no.12 of
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the rejoinder affidavit are pending at Dehradun, and as
such, the prayer sought by the applicant to transfer the
proceedings from Roorkee to District Dehradun appears to
be bona fide.
8. In view of the above, the present Civil Transfer
Application is allowed. The proceedings of the Case No.566
of 2025, “Sameer Tyagi vs. Megha Vohra Tyagi”, pending
before the court of learned Ist Additional Principal Judge,
Roorkee, District Haridwar is hereby transferred to the
court of Principal Family Judge, Dehradun.
9. As a sequel thereto, the miscellaneous
application(s), if any, stand disposed of accordingly.
10. Let a copy of this order be sent to the court
concerned for compliance.



(Subhash Upadhyay, J.)
31.10.2026

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