Research › Search › Judgment

High Court of Himachal Pradesh · body

2025 DAILYLAW 20588 (HP)

NEHA v. ROBIN KUMAR AND ANR

CMPMO/469/2020 · 2025-09-15

Ajay Mohan Goel

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:HHC:31711 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 469 of 2020 Decided on: 15.09.2025 Smt. Neha … Petitioner Versus Robin Kumar and another … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ___________________________________________________________________ For the petitioner : Mr. N.K. Thakur, Senior Advocate with Mr. Karan Veer Singh, Advocate. For the respondents : Nemo. Ajay Mohan Goel, Judge (Oral) Learned Senior Counsel appearing for the petitioner has handed over a copy of dasti summons issued to respondent No. 1. A perusal thereof demonstrates that summons were served upon father of the respondent No. 1, however, he has stated that as respondent No. 1 has been disowned by him in the year 2019, therefore he is not aware about the whereabouts of respondent No. 1. 2. This Court is of the considered view that as respondent No. 1 has been served on the address that has been given by him in the proceedings, which have been initiated by him against the petitioner herein, for the transfer whereof, the petitioner herein has approached this Court, the service of the dasti summons upon 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:31711 father of respondent No. 1 is a valid service, in terms of the provisions of Order 5, Rule 15 of the Code of Civil Procedure. Therefore, respondent No. 1 is ordered to be proceeded against ex parte. The Court is passing this order in light of the fact that, as already observed hereinabove, in the proceedings initiated by him under Section 13 of the Hindu Marriage Act, respondent No. 1 has given his address, the same on which dasti summons were issued and served upon his father. 3. On merit, the petitioner has approached this Court for the transfer of the proceedings which have been filed against her under Section 13 of the Hindu Marriage Act by respondent No. 1, pending before Additional district Judge-II, Una, to Bilaspur. 4. Learned Senior Counsel for the petitioner has submitted that the petitioner is staying with her parents at village Gowalthai, Tehsil Shri Naina Devi Ji, District Bilaspur, HP. She has no source of income and in these circumstances, it is extremely difficult for her to defend herself in the proceedings at Una. Under these circumstances, learned Senior Counsel submitted that it would be in the interest of justice, in case, H.M. Miscellaneous Petition No. 209/2020 is transferred from Una to Bilaspur so that the petitioner is in a position to defend herself in the said proceedings properly. 5. Having heard learned Senior Counsel for the petitioner, 3 2025:HHC:31711 this Court is of the considered view that it would be in the interest of justice to transfer the proceedings, i.e. H.M. Miscellaneous Petition No. 209 of 2020, titled as Robin Kumar vs. Neha and another, filed by respondent No. 1 herein against the petitioner herein under Section 13(1)(ia) of the Hindu Marriage Act, 1955, from Una to Bilaspur. Ordered accordingly. This petition is allowed and H.M. Miscellaneous Petition No. 209 of 2020, titled as Robin Kumar vs. Neha and another, filed by respondent No. 1 herein against the petitioner herein under Section 13(1)(ia) of the Hindu Marriage Act, 1955, is ordered to be transferred from the Court of Additional District Judge_II, Una to Bilaspur. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge September 15, 2025 (narender)