2025:HHC:22749 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 626 of 2024 Decided on: 15.07.2025 Rohini Devi … Petitioner Versus Ashish Kumar … Respondents Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ___________________________________________________________________ For the petitioner : Mr. Arun Kaushal, Advocate. For the respondent : Mr. Somesh Sharma, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has primarily prayed for the following reliefs:- “It is, therefore, prayed that the petition may kindly be allowed and the case No. 235/2023 titled as "Ashish Kumar VS Rohini Devi" filed under Hindu Marriage Act, before Principal Judge, Family Court Kangra at Dharamshala, Himachal Pradesh may kindly be transfer to the Court of Addl. Principal Judge Family Court, Bilaspur, Himachal Pradesh, in the best interest of Justice.” 2. The contention of the petitioner is that the respondent has initiated proceedings against her under the Hindu Marriage Act, which are presently pending adjudication before the Court of learned Principal Judge, Family Court, Kangra at Dharamshala. She has 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:22749 mentioned in the application that the petitioner is presently residing at Bilaspur with her parents alongwith her daughter. 3. Learned Counsel for the petitioner has submitted that the petitioner is a destitute lady, who has no source of income. As of now, she is totally dependent on her parents for the upkeep of her daughter and herself. He submitted that in these circumstances, it is extremely difficult for the petitioner to defend herself in the proceedings, which have been initiated against her by her husband, which are pending adjudication at Dharamshala. 4. Learned Counsel for the respondent, on the other hand, submitted that the proceedings are being conducted at Dehra and the learned Family Court is hearing the matter at Dehra. He submitted that the petitioner has filed a civil suit for declaration and permanent prohibitory injunction against the respondent, which is presently pending in the Court of the learned Senior Civil Judge, Dehra, District Kangra. Learned Counsel thus submitted that there is no merit in the contention of the petitioner for the reason that whereas according to her it is difficult for her to defend herself in the proceedings which have been initiated against her by the respondent under the Hindu Marriage Act at Dehra but when it comes to pursue her own case filed by her against the respondent, it is not inconvenient for her to come to Dehra. Learned Counsel further 3 2025:HHC:22749 apprised the Court that after the learned Principal Judge (Family Court) has started functioning at Dehra, the matter now stands transferred to Dehra and in order to ensure that the petitioner is not harassed, the respondent has never objected to listing of both cases, i.e. the case filed by the respondent under the Hindu Marriage Act and the civil suit filed by the petitioner, on the same date. He submitted that this can continue and the transfer of the case to Bilaspur, as is being prayed for, is not justified in light of the facts of the present case. 5. Having heard learned Counsel for the parties, this Court is of the considered view that as the petitioner has filed a civil suit against the respondent at Dehra and it has not been disputed that both the cases were being listed, though before different Courts at Dehra, but on the same date, in the peculiar facts of this case, it would not be appropriate to transfer this case to Bilaspur. However, in order to ensure that the petitioner is not put to undue inconvenience in the course of litigation in issue, it is hereby ordered that the learned Courts shall seriously make an endeavour to ensure that both the cases are listed on the same date and disposed of expeditiously. However, the respondent shall also pay litigation expenses to the petitioner in the case filed by him, which are assessed at Rs.15,000/-, which shall be paid within a period of six 4 2025:HHC:22749 weeks from today. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge July 15, 2025 (narender)