2025:HHC:41250 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMPMO No. 366 of 2025 Decided on: 02.12.2025 ____________________________________________________ Kiran Lata ……….. petitioner Versus Neel Kumar ……….respondent ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the petitioner : Ms. Mamta, Advocate. For the respondent : Mr. Parveen Chandel, Advocate. ____________________________________________________ Bipin Chander Negi, Judge ( oral) Present petition in the case at hand has been filed under Section 24 of the CPC seeking transfer of the petition filed by the respondent bearing HMA No. 359 of 2024 titled as Neel Kumar vs. Kiran Lata, pending consideration before the learned Additional Principal Judge-cum-Family Court-II, Solan, H.P. to the Court of learned Principal Judge, Family Court, Rampur, District Shimla H.P. 2. Heard counsel for the parties. Perused the pleadings. No reply is intended to filed on behalf of the respondent. Respondent has no objections, if in case the petition filed by the respondent/husband pending consideration at Solan is ordered to be transferred as is being sought by the petitioner. 3. Admittedly, in the case at hand, marriage inter-se the parties was solemnized. Out of the marriage, a girl child was born, whose date of birth is 09.01.2015. At present she is about ten years 1 Whether the reporters of the local papers may be allowed to see the judgment? old. She is residing with her mother, i.e., petitioner/wife. The present petitioner has stated in the petition that with the consent of the respondent/husband, she is presently residing at Rampur. She is not gainfully employed and from the affidavit appended along with the present petition, it is evident that she is a house-wife. In the petition, it has been averred that the respondent/husband is working as an electrician in Divisional workshop Taradevi and hence is gainfully employed with the Himachal Road Transport Corporation. 4. The cardinal principles for dealing with the petition under Section 24 of the Code of Civil Procedure have been clearly enunciated in 2022 SCC OnLine SC 1199 titled as N.C. V. Aishwarya vs. A.S. Saravana Karthik Sha. Relevant extract whereof is reproduced here-in-below:- “9. The cardinal principle for exercise of power under Section 24 of the Code of Civil Procedure is that the ends of justice should demand the transfer of the suit, appeal or other proceeding. In matrimonial matters, wherever Courts are called upon to consider the plea of transfer, the court have to take into consideration the economic soundness of both the parties, the social strata of the spouses and their behavioural pattern, their standard of life prior to the marriage and subsequent thereto and the circumstances of both the parties in eking out their livelihood and under whose protective umbrella they are seeking their sustenance to life. Given the prevailing socio- economic paradigm in the Indian society, generally, it is the wife's convenience which must be looked at while considering transfer. 10. Further, when two or more proceedings are pending in different Courts between the same parties which raise common question of fact and law, and when the decisions in the cases are interdependent, it is desirable that they should be tried together by the same Judge so as to avoid multiplicity in trial of the same issues and conflict of decisions.” 2 5. Keeping in view the wife’s convenience in the case at hand, the fact that respondent has no objection, if in case the present petition is transferred from the Court of the learned Additional Principal Judge-cum-Family Court-II, Solan, H.P. to the Court of learned Principal Judge, Family Court, Rampur, District Shimla, H.P., economic soundness of both the parties, the circumstances in which the petitioner is eking out her livelihood, it is imperative that the proceedings filed by the respondent under Section 13 of the Hindu Marriage Act titled as Neel Kumar vs. Kiran Lata, bearing HMA No. 359 of 2024, pending adjudicating at the Court of learned learned Additional Principal Judge-cum-Family Court-II, Solan, H.P. needs to be transferred to the Court of learned Principal Judge, Family Court, Rampur, District Shimla, H.P. 6. In view of the aforestated, the present petition is allowed. Parties are directed to appear before the Court of learned Principal Judge, Family Court, Rampur, District Shimla, H.P. on 24.12.2025. It be ensured that the petition pending adjudicating at the Court of learned Additional Principal Judge, Family Court-II, Solan, H.P., is transferred to the Court of learned Principal Judge, Family Court, Rampur, District Shimla, H.P., forthwith. 7. In view thereof, the present petition stands disposed of, so also, the pending miscellaneous applications, if any. (Bipin Chander Negi) Judge December 2nd, 2025 Susheel 3