Wife Caring For 3-Year-Old Daughter Gets Husband’s Case Moved From Roorkee To Dehradun: Uttarakhand HC

The applicant sought transfer under Section 24 of the Code of Civil Procedure, 1908, of Case No. 566 of 2025, pending before the Ist Additional Principal Judge, Roorkee, to the Principal Family Judge, Dehradun.

She stated that she lived in Dehradun with her three-year-old daughter and that travelling to Roorkee to attend the proceedings would cause hardship.

The respondent opposed transfer, alleging that the applicant’s family had assaulted and threatened him, and arguing that the journey between Roorkee and Dehradun was manageable.

The applicant relied on an order granting her custody of the daughter and identified several related proceedings pending in Dehradun.

The application invoked Section 24 of the Code of Civil Procedure, 1908, under which the High Court may transfer a proceeding between courts within its jurisdiction.

The Court applied that transfer power by considering the applicant’s practical ability to attend the case, her responsibility for her young daughter, and the existence of related proceedings at the proposed destination.

The Court found that requiring the applicant, who was residing in Dehradun and caring for her three-year-old daughter, to attend proceedings in Roorkee would cause inconvenience.

It also considered the related cases pending in Dehradun and concluded that transfer there was bona fide.

On those grounds, it allowed the application; it did not separately analyse the respondent’s allegations or the travel-distance objection.

Any miscellaneous applications were disposed of, and a copy of the order was directed to be sent to the court concerned for compliance.