Hon’ble Sudhanshu Dhulia, J. (Oral)

1. Heard Ms. Geeta Parihar, Advocate for the applicant and Mr. H. S. Dhillon, Advocate for the respondent.

2. Counter Affidavit filed on behalf of the respondent in Court today is taken on record.

3. This is a transfer application before this Court under Section 24 of the Code of Civil Procedure. The applicant Roshi Devi and the respondent Lalit Mohen Chaudhary are the wife and husband. Admittedly, their marriage was solemnized as per the Hindu rites and rituals on 2.3.2009 at Kotdwar, District Pauri Garhwal. For the last two years, as alleged by the applicant in para 6 of her affidavit, she is residing at Kotdwar, District Pauri Garhwal in her parental house with her mother and other members of the family. It also appears that the respondent and the applicant who are husband and wife are last resided in Nainital as husband and wife.

4. Now a suit being suit no. 238 of 2011 has been filed by the husband for restitution of conjugal rights before the Family Court, Nainital. As per Section 19 of the Act, both the courts Nainital as well as court of Pauri Garhwal at Kotdwar have the jurisdiction to entertain such a petition under Section 9 o