2025:HHC:20611 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.959/2019 Date of Decision: 30th June, 2025. Amarjeet Kaur .....Petitioner Versus Vivek Vardhan …..Respondent Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Vivek Sharma, Advocate. For the Respondent: Mr. Jagat Pal, Advocate. Bipin Chander Negi, Judge (oral). By virtue of the present petition, filed under Section 24 of the Code of Civil Procedure, a transfer of case titled, Vivek Vardhan Vs. Baby Ojasvi, pending consideration before the learned District and Sessions Judge, Family Court, Kangra at Dharmashala, District Kangra, HP, under Section 25 of the Guardian and Wards Act, is sought to be got transferred, subject to the convenience of the present petitioner-wife. 2. The marriage inter se the parties, in terms of Hindu Rites and Customs, was solemnized on 26.07.2012. Out of the aforesaid wedlock, a girl child was born on 26.07.2013. On account of matrimonial discord, both the parties are living separately. The girl child is in the care and custody of the present petitioner. 1 Whether reporters of Local Papers may be allowed to see the judgment? YES 2 2025:HHC:20611 3. Divorce proceedings inter se the parties were initiated by the respondent-husband. The petition so filed seeking divorce was allowed vide judgment dated 31.05.2019, by the District and Sessions Judge (Family Court) at Dharamshala. Appeal against the same is pending consideration before the High Court at Shimla. 4. During the pendency of the appeal, the respondent has filed a petition under Section 25 of the Guardians and Wards Act, 1980, for the custody of the child before the District Judge (Family Court) at Dharamshala. 5. Presently the petitioner, who is gainfully employed with the Himachal Pradesh Police, is posted at Shimla. Requisite transfer order dated 06.01.2023 has been produced by the learned counsel for the petitioner. Copy whereof has been supplied to the learned counsel for the petitioner. The same is taken on record. The fact of the petitioner being posted at Shimla is not disputed. In the response filed by the respondent, it has been admitted that the girl child, who is presently in the care and custody of the mother i.e. petitioner, is studying at Shimla. 6. Besides the aforesaid, the respondent has no objection, if in case the petition filed under the Guardian and Wards Act, pending consideration before the District Judge (Family Court) at Dharmashala, is ordered to be transferred to the Court of the District Judge (Family Court) Shimla. 3 2025:HHC:20611 7. The cardinal principles for dealing with the petition under Section 24 of the Code of Civil Procedure have been clearly enunciated in 2022 SCC OnLine SC 1199 titled as N.C. V. Aishwarya vs. A.S. Saravana Karthik Sha. Relevant extract whereof is reproduced here-in-below:- “9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the court have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socioeconomic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer. 10. Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions.” 8. Keeping in view the wife’s convenience, in the case at hand, the fact that the daughter, who is in custody of the mother i.e. petitioner, is studying at Shimla, the fact that the appeal in the divorce case, inter se the parties, is pending adjudication before the High Court, Shimla and that the respondent has no objection for transfer of the case from Family Court, Dharamshala to the Family Court at Shimla, the present petition is allowed and the proceedings pending before the learned District Judge (Family Court) Kangra at Dharamshala, 4 2025:HHC:20611 case bearing No.37/2019, titled Vivek Vardhan Vs. Baby Ojasvi, are ordered to be transferred to the Court of District Judge (Family Court), Shimla, HP. 9. Parties are directed to appear before the said Court through their counsels on 22.07.2025. It be ensured that record is remitted to the said Court on or before the date fixed. In view of the aforesaid, present petition is disposed of, so also the pending miscellaneous applications, if any. (Bipin Chander Negi) Judge 30th June, 2025 (Gaurav Rawat)