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2016 DIGILAW 1489 (HP)

Anu v. Anil Kumar

2016-07-26

DHARAM CHAND CHAUDHARY

body2016
JUDGMENT : Dharam Chand Chaudhary, J. (Oral) The petition filed under Section 13 (1-a) & (1-b) of Hindu Marriage Act, registered as HMA No. 28-3 of 2016, in the Court of learned District Judge Bilaspur, has been sought to be transferred to the Court of learned District Judge, Solan on the grounds inter alia that the petitioner herein after being removed by the respondent-husband from matrimonial home is residing at the place of her parents i.e. Village Khundi Dhar, P.O. Shamti, Tehsil and District Solan, Himachal Pradesh She is pursuing her studies in an academy at Solan. Also that she had agreed for her marriage at the young age of 20 years on the assurance that the respondent and his family members will allow her to pursue her studies further. However, after the marriage they backed-out from the assurance so given to her. She is also not having sufficient funds to defend herself in the petition filed by the respondent in the Court of learned District Judge, Bilaspur. She has filed an application under Section 125 of the Code of Criminal Procedure against her husband, the respondent for seeking maintenance and the same is pending in the Court of Chief Judicial Magistrate, Solan. The proceedings under the Domestic Violence Act, 2005, she initiated against her in laws, are also pending before the same Court. 2. Notice of the petition was given to the respondent. He was duly served, however, opted for not putting appearance. 3. In support of the application, copy of the divorce petition Annexure P-1, has been placed on record. In order to show that she is pursuing her studies at Solan, Certificate Annexure P-3 has been pressed into service. Copy of petition filed under Section 125 of the Code of Criminal Procedure is Annexure P-5. 4. Having gone through the record of this case and taking into consideration the submissions made by learned counsel and also that the respondent despite service has opted for not putting appearance, it can reasonably be believed that he has no objection in case the divorce petition is transferred from the Court of District Judge Bilaspur to that of the District Judge, Solan, this petition is allowed. Consequently, the petition registered as HMA No. 28-3 of 2016, is ordered to be transferred from the files of District Judge Bilaspur to that of District Judge, Solan for disposal in accordance with law. Consequently, the petition registered as HMA No. 28-3 of 2016, is ordered to be transferred from the files of District Judge Bilaspur to that of District Judge, Solan for disposal in accordance with law. The petitioner through learned counsel representing her is directed to appear in the transferee Court on 31.8.2016. The District Judge, Bilaspur shall send the record of the case to the Court of learned District Judge, Solan, immediately on the receipt of an authenticated copy of this judgment so that the same is received there well before the date fixed. The petition is accordingly disposed of. Authenticated copy of this judgment be sent to learned District Judge, Bilaspur and learned District Judge, Solan, for compliance.