2025:HHC:25304 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No. 623 of 2024 Decided on : 30.07.2025 Seema Devi. …Petitioner Versus Dharam Chand. …Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge Whether approved for reporting?1 For the petitioner : Ms. Tanu Sharma, Advocate. For the respondent : Mr. Ashwani Kaundal, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:- “a. That the case No, H.M.A 851/2023 titled as Dharam Chand Vs Seema Devi, filed under section 13 (i) (ia) of the Hindu Marriage Act, 1955 for dissolution of marriage by the respondent and pending before the court of Ld. Principal Judge (Family Court) Dharamshala, District Kangra, H.P, kindly be transferred to the court of Ld. District and Sessions Judge (Family Ccourt), Palampur, District Kangra, H.P.” 1Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:25304 2. Learned counsel for the petitioner submitted that the respondent has filed a petition under Section 13 of the Hindu Marriage Act, against the petitioner, which is pending adjudication before the learned Principal Judge, Family Court, Dharamshala. She submitted that after the relation between the petitioner and the respondent became uncordial, the petitioner is residing with her parents at village Thandol Khas, Tehsil Palampur. She further submitted that the petitioner is an unemployed lady, who has no independent source of income and who is living at the mercy of her parents and the amount of maintenance of Rs. 2800/- per month, which is too meagre. In these circumstances, she submitted that it is extremely difficult for the petitioner to defend herself in the proceedings which have been initiated against her at Dharamshala, especially, in the light of the fact that as from her village, Dharamshala is at a distance of 35-40 kms. 3. Learned counsel for the respondent, on the other hand, submitted that the petitioner has also filed a similar application before the Court of learned Principal Judge, Family Court, Dharamshala and as maintenance was being paid to 3 2025:HHC:25304 her, the petitioner can easily defend herself at Dharamshala. 4. Having heard learned counsel for the parties and taking into consideration the fact that it has not been disputed by the respondent that the petitioner is unemployed, she has no source of income except the maintenance that is being paid to her by the respondent, which is Rs. 2800/- per month, the petitioner is presently residing with her parents and thus is at mercy of her parents and that the petitioner is residing at a place which is about 40-45 kms away from Dharamshala, this Court is of the considered view that it would be in the interest of justice, in case, this petition is allowed and the matter presently pending before the Court of learned Principal Judge, Family Court, Dharamshala, is ordered to be transferred before the Court of learned Additional District and Sessions Judge, Family Court, Palampur. This will facilitate the petitioner as far as defending herself in the case is concerned and save her from the rigors of visiting Dharamshala time and again, which is at some distance from her present place of residence. 5. Accordingly in light of above observation, this petition is allowed. Case No. HMA 851/2023, titled Dharam 4 2025:HHC:25304 Chand Vs. Seema Devi, filed under Section 13(i)(ia) of the Hindu Marriage Act, 1955, for dissolution of marriage, is ordered to be transferred from the Court of learned Principal Judge, Family Court, Dharamshala, to the Court of learned Additional District and Sessions Judge, Family Court at Palampur. Learned Court below is called upon to make an endeavour to decide the case as expeditiously as possible. It goes without saying that in the light of this order passed by the Court, the application which has been filed by the petitioner for the transfer of the case before the Court of learned Principal Judge, Family Court, Dharamshala, shall be closed. Pending miscellaneous application(s), if any, also stand disposed of accordingly. (Ajay Mohan Goel) Judge July 30, 2025 (Shivank Thakur)