Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
CMPMO No.397 of 2023
Decided on 06th August, 2025 Isha Chandel
…Petitioner Versus Sh. Ravinder Singh
…Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Amrick Singh, Advocate.
For the respondents: Mr. Amar Dev Sharma, 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 this petition may kindly be allowed and the petition filed by the resonant under Section 13(1)(i-a)(i-b) of Hindu Marriage Act bearing case HMA No.86/3 of 2021 titled Ravinder Singh versus Isha Chandel pending adjudication before learned Principal Judge (Family Court), Bilaspur may kindly ordered to be transferred to the Court of learned Principal Judge (Family Court) Shimla in the interest of justice and fair play.”
2
2.
Learned counsel for the petitioner submitted that the respondent has filed a petition against her under the provisions of Hindu Marriage Act seeking divorce. The matter is presently pending adjudication in the Court of learned Principal Judge (Family Court) Bilaspur. The petitioner is an unemployed lady, who is presently residing with her brother at Mashobra (Shimla). She has children, who are residing with her. The petitioner has no independent source of income. She is hardly in a position to bear the expenses of the study of her children. In these circumstances, it is very difficult for her to attend the case proceedings initiated against her at Bilaspur as it is difficult for her to travel on each and every date from Mashobra to Bilaspur. In this background, she prays that the petition be allowed and the case be ordered to be transferred to the Court of learned Principal Judge (Family Court) Shimla.
3.
Learned counsel for the respondent submits that the respondent is willing to pay the travelling expenses to the petitioner for defending the case at Bilaspur.
3
4.
Having heard learned counsel for the parties and having perused the petition as well as the documents appended therewith, this Court is of the considered view that it would be in the interest of justice, in case, the proceedings filed by the respondent at Bilaspur are ordered to be transferred at Shimla.
5.
It has not been disputed on behalf of the respondent that the petitioner is unemployed; she is presently residing with her brother with their children (i.e. the children of the petitioner and the respondent), at Mashobra.
6.
In this backdrop, this Court concurs with the
submissions of the learned counsel for the petitioner that it indeed is difficult for the petitioner both financially as well as physically to attend the proceedings initiated by the husband at Bilapur. It is also evident from the record that there are certain other proceedings pending between the parties under the provisions of the Domestic Violence Act, which are pending adjudication at Shimla, which are being attended upon by the respondent at Shimla.
4
7.
Accordingly, this writ petition is allowed and it is ordered that HMA No.86/3 of 2021, titled Ravinder Singh versus Isha Chandel, pending adjudication before learned Principal Judge (Family Court) Bilaspur is transferred to the Court of learned Principal Judge (Family Court) Shimla.
(Ajay Mohan Goel)
Judge August 06, 2025 (Vinod)