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2025 DAILYLAW 12827 (HP)

JAMUNA DEVI v. ANIL KUMAR

CMPMO/296/2022 · 2025-07-10

Satyen Vaidya

body2025

Judgment text

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2025:HHC:22345 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 296 of 2022 Date of decision : 10.07.2025. Jamuna Devi ...Petitioner. Versus Anil Kumar ...Respondent. Coram: The Hon’ble Mr. Justice Satyen Vaidya, Judge. Whether approved for reporting?1 For the petitioner : Mr. V.S. Chauhan, Sr. Advocate with Mr. Rajul Chauhan, Advocate. For the respondent : Mr. Romesh Verma, Sr. Advocate with Mr. Sumit Sharma, Advocate. Satyen Vaidya, Judge (Oral) By way of this petition, a prayer has been made to transfer HMA Case No. 95 of 2021, titled as Anil Kumar vs. Jamuna Devi from the files of Principal Judge, Family Court, Bilaspur to the Court of District & Sessions Judge (Family Court), Circuit at Rohru. 2. It is contended on behalf of the petitioner that the petitioner is presently residing at Village Chopari, P.O. Lower Koti, Tehsil Rohru, District Shimla with her mother. The petitioner has no source of income and as alleged by the petitioner, the respondent is also not paying the 1 Whether reporters of Local Papers may be allowed to see the judgment? -2- maintenance amount to her. It is also stated that the petitioner has a minor daughter aged about 13 years to be looked after. In the aforesaid background, it has been submitted that the petitioner is facing hardship in contesting the petition at Bilaspur. 3. Record reveals that the matter is pending since July, 2022 but till date no reply has been filed despite availing number of opportunities, which means that the respondent has nothing to say or contradict the averments made in the petition. 4. In view of the hardship faced by the petitioner, the petition is allowed. HMA Case No. 95 of 2021, titled as Anil Kumar vs. Jamuna Devi is ordered to be transferred from the files of Principal Judge, Family Court, Bilaspur to the Court of Aditional Principal Judge (Family Court), Rohru. 5. The petition is accordingly disposed of. Pending applications, if any, also stand disposed of. (Satyen Vaidya) Judge 10th July, 2025. (kck)