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2025 DAILYLAW 15699 (HP)

RENU v. VINOD KUMAR SHARMA

CMPMO/331/2025 · 2025-07-14

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:22623 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.331 of 2025 Decided on: 14.07.2025 Smt. Renu … Petitioner Versus Shri Vinod Kumar Sharma … Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : Mr. Rohan Thakur, Advocate, vice Mr. Ashwani Kaundal, Advocate. For the respondent : None. Ajay Mohan Goel, Judge (Oral) As per report of the Registry, respondent is serving in SSB and his mother has refused to accept the notice. 2. In the light of the fact that an adult member of the family of the respondent has refused to accept the notice, there is deemed service of notice upon the respondent. As none has put in appearance on behalf of the respondent, he is ordered to be proceeded against ex parte. 3. By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:- “It is therefore prayed that the present petition may kindly be allowed by transferring the petition bearing No.HMA/193/2024 titled as Vinod Kumar Sharma vs. Renu Pending before the Ld. Principal Judge (Family Court), Kangra at Dharamshala, Distt. Kangra, H.P. to Court of Ld. Additional District Judge (Family Court), Nalagarh, Distt. Solan, H.P. in the interest of law and justice.)” 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:22623 4. The contention of the petitioner is that the respondent has initiated the proceedings against the petitioner under Section 9 of the Hindu Marriage Act, which are presently pending before the Court of learned Presiding Judge, Family Court at Dharamshala, District Kangra, H.P. According to the petitioner, she is presently serving at Manimajra. Her salary is Rs.20,000/- per month. She is also looking after two minor children. She submits that under these circumstances, it is not possible for her to defend herself in the proceedings that have been initiated against the petitioner by the respondent at Dharamshala and the proceedings be ordered to be transferred to the Court of learned Additional District Judge, Family Court, Nalagarh. 5. Taking into consideration the averments made in the petition which have gone un-rebutted, this petition is allowed, as prayed for. This Court is of the considered view that in the light of the facts enumerated in the petition, it would be in the interest of justice in case the proceedings which are presently pending at Dharamshala, District Kangra, H.P., are transferred to Nalagarh, District Solan, H.P., so that the petitioner is in a position to defend herself property. As she is serving in Manimajra and also has to take care of her minor children, it is obviously difficult for her to defend herself at Dharamshala. 6. Accordingly, this petition is disposed of with the direction that petition bearing No.HMA/193/2024, titled Vinod 3 2025:HHC:22623 Kumar Sharma Vs. Renu, pending before the Court of learned Principal Judge (Family Court), Kangra at Dharamshala, District Kangra, H.P. is hereby ordered to be transferred to the Court of learned Additional District Judge (Family Court), Nalagarh, District Solan, H.P. Learned District Judge, Kangra at Dharamshala, H.P. is requested to ensure that the order is complied with and the case file is transferred to the concerned Court at Nalagarh, District Solan, H.P. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge July 14, 2025 (Rishi)