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2024 DIGILAW 22 (HP)

Shilpa Thakur v. Ajay Singh

2024-01-04

AJAY MOHAN GOEL

body2024
JUDGMENT : Ajay Mohan Goel, J. By way of this petition filed under Article 227 of the Constitution of India, a prayer has been made for transfer of Case No.HMA/22/2023, presently pending adjudication before the Court of learned Additional Principal Judge, Family Court, Ghumarwin, District Bilaspur, H.P., to the Court of learned Family Court, Hamirpur, District Hamirpur, H.P. 2. Respondent has been served through counsel. As none has put in appearance on his behalf, he is proceeded against ex parte. 3. Learned counsel for the petitioner submits that the marriage between the petitioner and the respondent was solemnized in the year 2021.The petitioner was harassed and forced to leave the matrimonial house in the year 2022, since then, she is residing with her parents at Hamirpur. She has no source of income. She was subjected to both mental as well as physical cruelty while she was residing at her matrimonial house. It is extremely difficult for her to contest the divorce case, which has been filed by her husband against her at Ghamurwin, therefore, it would be in the interest of justice, in case, the petition is allowed and the case in issue is ordered to be transferred to the Court of learned Family Court Hamirpur, H.P. 4. As the contention raised by the petitioner has not been demonstrated to be incorrect because the respondent has chosen not to appear before this Court, therefore, this Court is of the considered view that it would be in the interest of justice in case this petition is allowed and the case is ordered to be transferred to the Court of learned Family Court Hamirpur, District Hamirpur, H.P., so that the petitioner gets a fair opportunity to defend herself in the divorce case. This is more so, for the reason that on one hand, it has been stated that the petitioner is unemployed and has no source of income and the respondent-husband is stated to be serving in Indian Army. 5. Therefore, the present petition stands disposed of by ordering the transfer of Case No.HMA/22/2023, presently pending adjudication before the Court of learned Additional Principal Judge, Family Court, Ghumarwin, District Bilaspur, H.P., to the Court of learned Family Court Hamirpur, District Hamirpur, H.P.