IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA CMPMO No. 247 of 2025 Decided on 21st July 2025 Mohini Sharma …Petitioner Versus Abhishesh Kumar …Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge 1Whether approved for reporting? For the petitioner: Mr. Naresh K. Sharma, Advocate. For the respondent: Mr. Sahil Thakur, Advocate. Ajay Mohan Goel, Judge (Oral) By way of this petition filed under Section 24 of the Code of Civil Procedure, the petitioner has prayed for the transfer of the proceedings, which have been filed against her by her husband under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act. 2. Learned counsel for the petitioner has apprised the Court that the petitioner is an unemployed lady, who has a two year old daughter to look after. He submitted that presently the petitioner is residing with her parents at Bilaspur. She has no 2 source of income. In these circumstances, it is extremely difficult for her to defend herself at Dehra i.e., the place where the respondent has initiated proceedings against her under the Hindu Marriage Act. Accordingly, learned counsel has prayed that the petition be allowed and the case be ordered to be transferred to the Court of learned Principal Judge (Family Court) Bilaspur. 3. On the other hand, learned counsel for the respondent has vehemently argued that the said respondent is working on daily wage basis in the shop of his maternal grandfather. Financially he is not in a position to engage another lawyer at Bilaspur now after engaging a lawyer at Dehra. He has further submitted that on the other hand the parents of the petitioner are well off and, therefore, in such like situation, where, it is the petitioner, who has abandoned him and who has not acceded to the request of the respondent to live with him, as there is no merit in the petition, the same be dismissed. 4. I have heard learned counsel for the parties and have also gone through the pleadings of the case. 3 5. During the course of the hearing of this case, it could not be disputed by learned counsel for the respondent that the petitioner is unemployed. He also could not dispute that she has a young daughter to look after, but he submitted that her age is almost 3 years. He further could not dispute that the petitioner is presently wholly dependent upon her parents, but he again reiterated that they were well to do people. 6. Taking into consideration the fact that the petitioner has a young child, residing with her, and she is presently residing with her parents, who are looking after both her and her daughter and she has no independent source of income, this Court concurs with the submissions made by the learned counsel for the petitioner that in such circumstances, it would be extremely difficult for the petitioner to defend herself in the proceedings, which have been initiated against her at Dehra by the respondent. 7. Accordingly, this writ petition is allowed. Case No.265 of 2024, titled Abhishesh Kumar versus Mohini Sharma, filed by the respondent, which is presently pending in the Court of learned Additional District & Sessions Judge Dehra, Kangra, 4 H.P., exercising the powers of learned Principal Judge (Family Court) is hereby ordered to be transferred to the Court of learned Principal Judge (Family Court) Bilaspur. Learned Principal Judge (Family Court) Kangra shall ensure that the said case is transferred to the Court of learned Principal Judge (Family Court) Bilaspur and once the matter is received by the Court of learned Principal Judge (Family Court) Bilaspur, the learned Court to issue notice to the parties. Pending miscellaneous applications, if any, also stand disposed of. (Ajay Mohan Goel) Judge July 21, 2025 (Vinod)