2025:HHC:39112 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMPMO No. 644 of 2025 Decided on: 19.11.2025 ____________________________________________________ Rajnish Attri ……….. petitioner Versus Sarita Devi ……….respondent ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the petitioner : Ms. Lalita Sharma, Advocate. For the respondent : Nemo. ____________________________________________________ Bipin Chander Negi, Judge (oral) The present petition has been preferred under Section 24 of the CPC for transfer of petition filed under Section 144 of the BNSS by the present respondent seeking grant of maintenance from the present petitioner pending consideration before the Court of Additional Principal Judge, Family Court, Sarkaghat titled as Sarita Devi vs. Rajnish Attri to the Court of learned District Judge, Family Court, Una, H.P. 2. Heard counsel for the petitioner. 3. Admittedly, the parties to the lis are married to each other. Their marriage is stated to have been solemnized on 28.07.2013. With respect to the lis sought to be transferred by the present petitioner, the respondent is the dominus litis. Being the dominus litis, the respondent has a right to choose the forum 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 which the law allows. The right to choose the forum in accordance with law cannot be curtailed or interfered with except on good and sufficient grounds. In matrimonial disputes, it is normally the convenience of the wife, i.e., the respondent in the case at hand, which is of prime consideration while considering a request for transfer of a lis. In the present case, the request for transfer is being made by the husband/petitioner. 4. Other than the aforesaid, it has been specifically pleaded in the present petition that the respondent has filed a petition under Section 13(1)(i)(a) of the Hindu Marriage Act, 1955 for dissolution of marriage by a decree of divorce, and the same is pending consideration before the Court of the learned Principal Judge, Family Court, Sarkaghat, District Mandi. Qua the same, no relief for transfer has been sought, however, it has been averred that an application for transfer of the same may be filed in the future. From the present petition, it appears that the same has been filed to test the waters. 5. In view of above stated, I find no merit in the present petition and the same is dismissed, being devoid of any merit. Pending miscellaneous application(s), if any, shall also stand disposed of. (Bipin Chander Negi) Judge 19th November 2025 tarun