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2025 DAILYLAW 30469 (HP)

SUMAN RAJTA v. RITESH AZAD

CMPMO/517/2025 · 2025-11-20

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:39461 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.517 of 2025 Decided on: 20.11.2025 Smt. Suman Rajta … Petitioner Versus Sh. Ritesh Azad … Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : Mr. Ajay Singh Kashyap, Advocate. For the respondent : Mr. Ranvir Chauhan, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition, the petitioner has prayed for transfer of the proceedings which stand initiated against her by the respondent under Section 13 of the Hindu Marriage Act, i.e. Case bearing HMA No.152 of 2025, titled Ritesh Azad Versus Suman Rajta, from the Court of learned Principal Judge (Family Court), Shimla, H.P. to the Court of learned Additional Principal Judge (Family Court), Camp at Theog, Shimla, H.P. 2. Learned Counsel for the petitioner submits that the petitioner is residing with her parents at Village Dakana, Post Office Sandhu, Tehsil Theog, District Shimla, H.P., alongwith her minor daughter for the last two years. She has no independent source of income and is dependent on her father, whose source of income is also the pension he gets being a retired Government Servant. Learned Counsel submitted that in these circumstances it is 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:39461 extremely difficult for the petitioner to defend herself in the proceedings at Shimla and therefore, it would be in the interest of justice in case the matter is transferred to Theog. 3. Learned Counsel for the respondent on the other hand has submitted that the distance between Theog and Shimla is not all that much and the petitioner can defend herself at Shimla. 4. This Court is of the considered view that in light of the fact that the petitioner is stated to be residing with her father in Village Dakana, Tehsil Theog and further as it could not be disputed that presently she is not having any source of income and it could not be demonstrated that the petitioner is having any independent source of income, it would be in the interest of justice in case this petition is allowed and the proceedings, i.e. Case bearing HMA No.152 of 2025, titled Ritesh Azad Versus Suman Rajta, pending adjudication in the Court of learned Principal Judge (Family Court), Shimla, H.P. is transferred to the Court of learned Additional Principal Judge (Family Court), Camp at Theog, Shimla, H.P. Ordered accordingly. 5. The petition stands disposed of. Interim order, if any, stands vacated. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge November 20, 2025 (Rishi)