1 2025:HHC:3 IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No.661 of 2024 Decided on : 01.01.2025 Usha Thakur …Petitioner Versus Kuldeep Thakur …Respondent Coram Hon’ble Mr. Justice Virender Singh, Judge Whether approved for reporting? For the petitioner : Mr. Shanti Swaroop and Mr. Tanush Sharma, Advocates. For the respondent : None. Virender Singh, Judge (Oral) By way of the present petition, which has been filed, under Section 24 of the Code of Civil Procedure, 1908 (hereinafter referred to as the ‘CPC’), indulgence of this Court has been sought to transfer the Divorce Petition, bearing case No.57 of 2021, under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the ‘HM Act’), titled as ‘Kuldeep Thakur Vs. Usha Thakur’, pending adjudication, before the Court of learned Principal Judge (Family Court), Kinnaur at Rampur Bushahr, 2 2025:HHC:3 District Shimla, Himachal Pradesh, to the Court of learned Principal Judge (Family Court)-cum-District Judge, Chakkar, District Shimla, Himachal Pradesh. 2. The said relief has been sought on the ground that the marriage, between the petitioner and respondent, was solemnized on 23.07.2008, at Nankari, Tehsil Rampur Bushahr, Shimla, H.P. Thereafter, they have been blessed with a female child, on 06.03.2011. However, according to the petitioner, behaviour of the respondent has become cruel towards her, as, the respondent, as well as, his parents were interested to have a male child. 3. Narrating the other facts, which resulted into the litigation i.e. the petition, under Section 13 of the HM Act, which is pending adjudication, before the Court of learned Principal Judge (Family Court), Kinnaur at Rampur Bushahr, District Shimla, Himachal Pradesh, indulgence of this Court has been sought to transfer the said Divorce Petition to the Court of learned Principal Judge (Family Court)-cum-District Judge, Chakkar, District Shimla, Himachal Pradesh, on the ground that the petitioner is having no source of income and is totally dependent upon her parents. 3 2025:HHC:3 4. According to the petitioner, with the help of her parents, she is even paying tuition fees of her daughter, who is studying in DAV Public School. She further asserted that it is very difficult for her to attend the proceedings, before the Court of learned Principal Judge (Family Court), Kinnaur at Rampur Bushahr, District Shimla, Himachal Pradesh, as, one attendant is required to accompany her, in each and every date. 5. In addition to this, the petitioner has also put forward the distance of the Court, in which, the divorce petition, filed by the respondent, is pending and has prayed that the present petition may be allowed, by transferring the said petition, from the Court of learned Principal Judge (Family Court), Kinnaur at Rampur Bushahr, District Shimla, Himachal Pradesh, to the Court of learned Principal Judge (Family Court)-cum-District Judge, Chakkar, District Shimla, Himachal Pradesh. 6. When, put to notice, the respondent was duly served, however, he neither opted to put appearance, nor, to contest the petition. 7. In such situation, when, the factual position, as mentioned, in the petition, which is duly supported by the 4 2025:HHC:3 affidavit of the petitioner, remained uncontroverted, this Court is of the view that the prayer, so made, in the petition, is liable to be allowed and is accordingly allowed. 8. Consequently, the divorce petition, bearing case No.57 of 2021, filed under Section 13 of the HM Act, titled as ‘Kuldeep Thakur Vs. Usha Thakur’, pending adjudication, before the Court of learned Principal Judge (Family Court), Kinnaur at Rampur Bushahr, District Shimla, Himachal Pradesh, is ordered to be taken out from the files of the said Court and the same is transferred to the Court of learned Principal Judge (Family Court)-cum- District Judge, Chakkar, District Shimla, Himachal Pradesh. 9. Learned Principal Judge (Family Court)-cum- District Judge, Chakkar, District Shimla, Himachal Pradesh is directed to proceed with the case, in accordance with law. 10. Petitioner, through her counsel, is directed to appear, before the Court of learned Principal Judge (Family Court)-cum-District Judge, Chakkar, District Shimla, Himachal Pradesh, on 24.02.2025. 5 2025:HHC:3 11. Registry to communicate this order to both the concerned Courts below, with a direction to send the file, bearing case No.57 of 2021, under Section 13 of the HM Act, titled as ‘Kuldeep Thakur Vs. Usha Thakur’, pending adjudication, before the Court of learned Principal Judge (Family Court), Kinnaur at Rampur Bushahr, District Shimla, Himachal Pradesh, to the transferee Court, well before the date fixed. 12. With these observations, the present petition is allowed. 13. Pending miscellaneous application(s), if any, shall also stand disposed of. (Virender Singh) Judge January 01, 2025 Gaurav Thakur