IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMPMO No. 140 of 2025 Decided on: 23.06.2025 ____________________________________________________ Sapna Thakur ……….. petitioner Versus Kapil Thakur ……….respondent ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the petitioner : M. Rajeev Sharma, Advocate. For the respondent : Mr. Rahul Kumar, Advocate, vice Mr. Anirudh Sharma, Advocate. ____________________________________________________ Bipin Chander Negi, Judge (oral) Present petition in the case at hand has been filed under Section 24 of the CPC seeking transfer of the petition filed by the respondent bearing HMA No. 21 of 2025 titled as Kapil Thakur Vs. Sapna Thakur pending consideration before the learned Additional Principal Judge, Family Court (ADJ-II) to the Court of learned Additional Principal Judge, Family Court Nalagarh, District Solan, H.P. 2. Heard counsel for the parties. Perused the pleadings. No reply is intended to filed on behalf of the respondent. Respondent has no objections, if in case the petitioner is ordered to be transferred as is being sought by the petitioner. 3. Marriage inter se the parties was solminised on 29.11.2017 at VPO Manjhu Tehsil Arki, District Solan, H.P. Out of the wedlock till date, there are no issues. 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 4. Parties to the lis cohabited till January 2023, when the petitioner, it is alleged was turned out of the matrimonial home by the respondent. Thereafter for a few days, the petitioner resided with her parents at Arki. Subsequent thereto she shifted to Baddi, District Solan where her widowed maternal Aunt (Massi) resides. The petitioner is a housewife totally dependent for her financial needs on her parents. 5. In 2023, the petitioner had preferred a Domestic Violence Petiton under the Protection of Women from Domestic Violence Act 2005. The same is pending adjudication before the Additional Chief Judicial Magistrate, Nalagarh at Solan. In the same, interim maintenance has been granted to the present petitioner. Subsequent thereto, the respondent has filed a petition under Section 13 of the Hindu Marriage Act 1955 seeking divorce. The same has been filed in the Court of the Additional Principal Judge, Family Court (ADJ-II) at Solan, District Solan. 6. The cardinal principles for dealing with the petition under Section 24 of the Code of Civil Procedure have been clearly enunciated in 2022 SCC OnLine SC 1199 titled as N.C. V. Aishwarya vs. A.S. Saravana Karthik Sha. Relevant extract whereof is reproduced here-in-below:- “9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the court have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their 3 livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio- economic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer. 10. Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions.” 7. Keeping in view the wife’s convenience in the case at hand, the fact that respondent has no objection, if in case the, the present petition is transferred from the Court of the Additional Principal Judge, Family Court (ADJ-II) to the Court of Additional Principal Judge Family Court (ADJ), Nalagarh, District Solan H.P., economic soundness of both the parties, the circumstances in which the petitioner is eking out her livelihood, it is imperative that the proceedings filed by the respondent under Section 13 of the Hindu Marriage Act titled as Kapil Thakur vs. Sapna Thakur bearing No. HMA 21 of 2025 pending adjudicating at the Court of learned Additional Principal Judge, Family Court (ADJ-II) Solan H.P.. needs to be transferred to the Court of Additional Principal Judge, Family Court (ADJ) Nalagarh Solan H.P. wherein at Nalagarh petition under Sections, 12, 15, 17, 19, 20 and 22 of the Protection of Women From Domestic Violence Act 2005 is pending adjudication before the Court of the Additional Chief Judicial Magistrate, Nalagarh at Solan.. 8. In view of the aforestated, the present petition is allowed. Parties are directed to appear before the Court of Additional Principal 4 Judge, Family Court (ADJ) Nalagarh District Solan, H.P. on 30th July, 2025. It be ensured that the petition pending adjudicating at the Court of learned Additional Principal Judge, Family Court (ADJ-II) Solan, H.P., is transferred to the Court of Additional Principal Judge, Family Court (ADJ), Nalagarh, District Solan, H.P, forthwith. In view thereof, the present petition stands disposed of, so also, the pending miscellaneous applications, if any. (Bipin Chander Negi) Judge June 23, 2025 tarun