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2019 DIGILAW 186 (HP)

Veenita Sharma. v. Manoj Kumar.

2019-02-25

VIVEK SINGH THAKUR

body2019
JUDGMENT Vivek Singh Thakur, J. (Oral) - Present petition has been filed under Section 24 of the Code of Civil Procedure , seeking transfer of divorce petition, filed by respondent under Section 13(I) (i-a) (i-b) of Hindu Marriage Act , pending before learned Additional District Judge, Ghumarwin, District Bilaspur Camp at Bilaspur on the ground that a petition under Section 125 Cr.P.C. filed by her against respondent is pending before Additional Chief Judicial Magistrate, Court No. 3, Shimla for 27.3.2019 and complaint and Execution Petition filed by her for maintenance allowance under Domestic Violence Act against the respondent are pending before learned Chief Judicial Magistrate, Court No. 3, Shimla for 29.3.2019 and 27.4.2019 with further plea that the divorce petition preferred by respondent at Bilaspur is a counter blast to the proceedings/complaint preferred by the petitioner against the respondent and further that respondent is contesting the application/complaint/Execution preferred by the petitioner at Shimla. 2. Respondent was duly served, but he has chosen not to be represented in the present case and hence he is proceeded ex parte. 3. Learned counsel for the petitioner has placed reliance upon Rajani Kishor Pardeshi Vs. Kishore Babulal Pardeshi (2005) 12 SCC 237, Ashok Adhwani Vs. Ashok Kishinchand Sadhwani AIR 2009 SC 1374 and also relied upon decisions of Co-ordinate Bench of this Court passed in CMPMO No. 285 of 2018, titled Smt. Priya & Anr. Vs. Abdesh Kondal & Ors. and CMPMO No. 177 of 2016, titled Urvashi Rana Vs. Himanshu Nayyar , in support of his plea. 4. It is further submitted by learned counsel for the petitioner that minor daughter, studying in fifth standard in Rashtriya Vidya Kendra School, Shimla, is also residing with the petitioner, who requires constant care of her mother i.e. petitioner and it would be very difficult for her to make arrangement of her minor daughter for visiting Bilaspur to contest the divorce petition at Bliaspur. 5. Considering the averments made on behalf of petitioner and also law laid down by the apex Court and propounded by the Co-ordinate Benches of this Court, I am of the opinion that it would not only appropriate, but also convenient to the parties to contest and defend their rival claims in various proceedings at one place i.e. Shimla. 5. Considering the averments made on behalf of petitioner and also law laid down by the apex Court and propounded by the Co-ordinate Benches of this Court, I am of the opinion that it would not only appropriate, but also convenient to the parties to contest and defend their rival claims in various proceedings at one place i.e. Shimla. It is evident from the documents placed on record that proceedings/complaint/execution initiated by the petitioner is prior in time and the respondent is contesting the same in the Courts at Shimla and also that the petitioner has to look after minor daughter studying in fifth class, it would serve the ends of justice in case the divorce petition No. 68 of 2017, titled Manoj Kumar Vs. Veenita Sharma pending before learned Additional District Judge, Bialaspur, camp at Bilaspur, H.P. is transferred to the Court of learned District Judge, Shimla. 6. Accordingly, petition No. 68 of 2017, titled as Manoj Kumar Vs. Veenita Sharma, filed by respondent, pending before learned Additional District Judge, Ghumarwin camp at Bilapsur is ordered to be transferred to the Court of learned District Judge, Shimla, who after receiving the same, either himself or assigning the same to another competent Court, having jurisdiction to hear and decide the same, shall dispose of the same in accordance with law on its own merits. The parties are directed to appear before learned District Judge, Shimla on 1 st April, 2019, by which date the transmission of record by the Court of leaned Additional District Judge, Bilaspur to the Court of learned District Judge, Shimla shall be ensured. The petition stands disposed of. Copy of order be also transmitted to learned Additional District Judge, Ghumarwin, District Bilapsur H.P. and to the respondent.