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High Court of Himachal Pradesh · body

2025 DAILYLAW 13854 (HP)

POOJA v. AJAY KUMAR

CMPMO/370/2023 · 2025-09-16

Ajay Mohan Goel

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No.370 of 2023 Decided on 16th September, 2025 Ms. Pooja …Petitioner Versus Shri Ajay Kumar …Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Ajay Sharma, Senior Advocate, with Mr. Atharv Sharma, Advocate. For the respondent: Mr. Sanjeev Kumar Suri, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has prayed for the following relief:- “It is, therefore, respectfully prayed that in view of the submissions made herein-above, the present petition may very kindly be allowed and the petition with respect to which summons have been received by the petitioner, copy annexed as Annexure P-1 supra, pending before the learned Principal Judge, Family Court, Kangra at Dharamshala, H.P., Circuit Court at Dehra may very kindly be ordered to be transferred to the learned Principal Judge, Family Court at Hamirpur, H.P., in the interest of law and justice.” 2. Learned Senior Counsel for the petitioner submits that the proceedings that have been initiated by the respondent against the petitioner under Section 13(1) of the Hindu Marriage 2 Act were initiated at Dehra but when she went Dehra she has been informed that the proceedings are being taken up by the Principal Bench at Dharamshala, H.P. He further submits that the petitioner has a two year old child to look after. She is presently residing with her parents at Hamirpur and has no source of income and in these circumstances it would be very difficult for her to defend herself in the proceedings either at Dehra or Dharamshala. Learned Senior Counsel thus submits that in these circumstances it would be in the interest of justice in case this petition is allowed and the matter is ordered to be transferred to the learned Principal Judge Family Court at Hamirpur, H.P. 3. Though the prayer has been opposed by the learned counsel for the respondent, but this Court is of the considered view that it would be in the interest of justice, in case, the proceedings are ordered to be transferred to Hamirpur because during the course of the hearing of this petition it could not be demonstrated that either the petitioner was gainfully engaged or that she did not have a minor child to look after and was not at the mercy of her parents. 3 4. 3 4. The petition is, accordingly, allowed as prayed for and the case filed by the respondent against the petitioner under Section 13(1) of the Hindu Marriage Act pending adjudication before the learned Principal Judge (Family Court) Kangra at Dharamshala, H.P., Circuit Court at Dehra is ordered to be transferred to the Court of learned Principal Judge (Family Court) Hamirpur, Tehsil and District Hamirpur, H.P. (Ajay Mohan Goel) Judge September 16, 2025 (Vinod)