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2025 DAILYLAW 13140 (HP)

MEENAKSHI v. HITESH CHOUHAN

CMPMO/188/2025 · 2025-06-20

Satyen Vaidya

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:HHC:19142 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.188 of 2025 Decided on: 20.06.2025 Meenakshi ….Petitioner Versus Hitesh Chouhan ...Respondent Coram Hon’ble Mr. Justice Satyen Vaidya, Judge Whether approved for reporting? For the petitioner: Ms. Tamanna Rana, Advocate. For the respondent: Ms. Shivani, Advocate, vice counsel. Satyen Vaidya, Judge (Oral) No reply has been filed. More time sought to file reply, however, I do not see any justification in granting more time since it is only a transfer petition and in case the respondent intended to contest the same, he should have filed the reply as time was already granted to him. 2. The petitioner is seeking transfer of HMA Petition No.323/2024, titled Hitesh Chouhan vs. Meenakshi from the Court of Principal Judge Family Court, Shimla to the Court of Principal Judge, Family Court, Palampur, District Kangra. 3. The ground raised in the petition is that the petitioner after matrimonial discord, is residing with her parents in Village Patti, Tehsil Palampur, District Kangra, H.P. after 2020. She does 2 not have any independent source of income. Keeping in view the distance between Palampur and Shimla, it is difficult and inconvenient for her to contest the petition filed by the respondent at Shimla. In support, she has placed on record a copy of order passed by learned Additional Chief Judicial Magistrate, Palampur, whereby her application under the provisions of Protection of Women from Domestic Violence Act, 2005has been allowed. The respondent has been prohibited from committing any act of domestic violence. The petitioner has been awarded maintenance at Rs.10,000/- per month. Further, the respondent has also been directed to make arrangement for suitable accommodation for the petitioner in his house or in alternative by hiring accommodation on payment of rent. 4. Thus, the contention raised by the petitioner is prima facie established. It appears that the petitioner has no means to maintain herself as is evident from the order dated 28.02.2023, passed by learned Additional Chief Judicial Magistrate, Palampur. The petitioner is surviving with only a meager amount of Rs.10,000/- per month, which also is not being regularly paid by the respondent to the petitioner. 5. In the peculiar facts and circumstances, the petition is allowed and HMA Petititon No.323/2024 is ordered to be 3 transferred from the Court of Principal Judge Family Court, Shimla to the Court of Principal Judge, Family Court, Palampur, District Kangra. Copies of this order be immediately communicated to both the Courts. 6. Accordingly, the petition is disposed of along with pending application(s), if any. ( Satyen Vaidya ) Judge June 20, 2025 (vt)