1 ( 2025:HHC:6313 ) IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.594 of 2024 Date of Decision : 17.03.2025 Isha …… Petitioner Versus Akhil Chauhan ……Respondent Coram: The Hon’ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting?1 For the petitioner : Mr. Divya Raj Singh, Advocate. For the respondent : Mr. Rajiv Rai, Advocate. Bipin Chander Negi, Judge (oral) The preset petition has been filed, seeking following relief:- “It is therefore, prayed that the petition may very kindly be allowed and the case registered as Hindu Marriage Act No.67/2023 titled as Akhil Chauhan Vs. Isha pending before Ld. Principal Judge, Family Court, Bilaspur be transferred to Ld. Principal Judge, Family Court, Una or to any other competent Court situated at Una or the Honh’ble Court may please to pass any such or further order in the facts and circumstance. 2. Heard counsel for the parties. Perused the documents appended along with preset petition. 1 Whether reporters of Local Papers may be allowed to see the judgment? 2 ( 2025:HHC:6313 ) 3. Learned counsel appearing on behalf of the petitioner has drawn attention of this Court to an application filed under the provisions of Protection of Women from Domestic Violence Act, 2005 by the present petitioner before learned Chief Judicial Magistrate, Una, District Una, Himachal Pradesh, on 04.03.2023. Response to the aforesaid application was filed on 01.08.2023. Specifically, attention of this Court is drawn towards Paragraph-5 of the said petition which pertains to “Other information.” The relevant extract, whereof, is being reproduced herein below:- “1. That the respondent no.1 is the husband of applicant no.1 and their marriage was solemnized on 22.09.2018 at Kapila Palace, Jhalera District Una (HP) in accordance with Hindu Rites and Ceremonies. The respondent no.2 is father in law, respondent no.3 is mother in law and respondent no.4 is the sister in law of the applicant no.1.” 4. Learned counsel has further drawn the attention of this Court to the response filed to the aforesaid application under the the provisions of Protection of Women from Domestic Violence Act, 2005 filed by the husband. Herein above, the attention of this Court is specifically drawn to the response filed to the aforesaid Paragraph reproduced herein above. The response to the aforesaid Paragraph is reproduced herein below:- “1. That Para No.1 of the application is admitted to be correct.” 3 ( 2025:HHC:6313 ) 5. Hence, from the aforesaid, it is an admitted position that the marriage inter se the parties was solemnized at Kapila Palace, Jhalera District Una (HP). 6. In the aforesaid backdrop, learned counsel for the petitioner has drawn attention of this Court to the petition filed under Section 9 of the Hindu Marriage Act, 1955 for grant of decree of Restitution of Conjugal Rights by the present respondent before the Principal Judge (Family Court), District Bilaspur, Himachal Pradesh. The said petition was filed on 20.03.2023. In the aforesaid petition, attention of this Court is specifically invited to Paragraph-1, wherein, it has been stated by the respondent that the marriage inter se parties was solemnized at village Dalhet, Post Office, Lehri, Tehsil Shri Naina Devi Ji, District Bilaspur, Himachal Pradesh. 7. After filing of the petition seeking restitution of conjugal rights in March, 2023, the respondent in his response to the petition filed by the present petitioner under the provisions of Protection of Women from Domestic Violence Act, admits on 01.08.2023 in his response that marriage inter se parties was solemnized at Kapila Palace, Jhalera District Una (HP). 8. It is evident that the petition for restitution of conjugal rights was filed by the present respondent by falsely claiming therein that the marriage had been solemnized at village Dalhet, Post 4 ( 2025:HHC:6313 ) Office, Lehri, Tehsil Shri Naina Devi Ji, District Bilaspur, Himachal Pradesh. It is on the basis of such false assertion that the petition now sought to be tansfered was being entertained by the Court at Bilaspur. 9. While considering an application for transfer, due consideration has been given to a wife’s convenience. In the aforesaid facts and attending circumstance of the case (aforesaid false assertion) and keeping in mind the ends of justice, wife’s convenience (petitioner's), the petition is allowed. Proceedings registered as Hindu Marriage Act No.67/2023, titled Akhil Chauhan vs. Isha pending before Ld. Principal Judge, Family Court, Bilaspur, is ordered to be transferred to the Court of learned Principal Judge, Family Court, at Una. 10. The parties are directed to appear before the concerned Court on 10.04.2025. It be ensured that the record reaches to the concerned Court well before the date fixed. 11. In view of the aforesaid, present petition stands disposed of, so also, the pending miscellaneous application(s), if any. (Bipin Chander Negi) March 17, 2025 (KS) Judge