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2018 DIGILAW 796 (HP)

Manjeeta v. Harish Kumar

2018-05-02

AJAY MOHAN GOEL

body2018
JUDGMENT : Ajay Mohan Goel, J. By way of this petition filed under Article 227 of the Constitution of India read with Section 24 of the Code of Civil Procedure, the petitioner (wife) has prayed that the proceedings, which stand initiated against her under Section 13 of the Hindu Marriage Act before the Court of learned District Judge, Kinnaur at Rampur Bushahr, be transferred to Court of learned Additional District Judge, Shimla, Camp at Rohru, taking into consideration the fact that petitioner (wife) is presently residing at village Badal, Post Office Dochhi, Tehsil Jubbal, District Shimla and it will be convenient for her to contest said matter at Rohru. 2. Learned Counsel for the respondent has contested the petition on the ground that as the parties were last residing at Nankhari, therefore, proceedings have been rightly initiated at Rampur Bushahr, and present petition has been filed just to harass the respondent (husband). 3. Having heard learned Counsel for the parties and gone through the averments made in the petition, in my considered view, it will be in the interest of justice in case the proceedings, which stands initiated by the respondent herein against the present petitioner i.e. HMA No. 30-R/3 of 2017 under Section 13 (i), (ia) and (ib) of the Hindu Marriage Act, titled Sh. Harish Kumar versus Manjeeta, are ordered to be transferred for the purpose of further adjudication to the Court of learned Additional District Judge, Shimla, camp at Rohru. This I say so as Hon’ble Supreme Court in Sumita Singh versus Kumar Sanjay and another, (2001) 10 SCC 41 has held that in matrimonial proceedings it is the wife’s convenience which must be looked into. Though this Court is not oblivious of the fact that it is not as if under all circumstances such an application has always to be allowed but then taking into consideration the peculiar facts of this case i.e. the difficulty expressed by wife in defending the case at Rampur Bushahr, it will be in the interest of justice in case the proceedings in issue are ordered to be transferred for the purpose of further adjudication to the Court of learned Additional District Judge, Shimla, camp at Rohru. Ordered accordingly. 4. Registry is directed to forthwith ensure that the case file of the petition, i.e. i.e. HMA No. 30-R/3 of 2017, titled Sh. Ordered accordingly. 4. Registry is directed to forthwith ensure that the case file of the petition, i.e. i.e. HMA No. 30-R/3 of 2017, titled Sh. Harish Kumar versus Manjeeta, pending before the Court of learned District Judge, Kinnaur at Rampur Bushahr is transferred to the Court of learned Additional District Judge, Shimla, Camp at Rohru and thereafter, learned Additional District Judge, Shimla, Camp at Rohru, shall issue notice to the parties intimating the date on which the matter shall be listed for further proceedings. Petition stands disposed of in above terms, so also pending miscellaneous application (s), if any.