2025:HHC:39470 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA. CMPMO No. 120 of 2025 Decided on: 21.11.2025 ____________________________________________________ Parul ……….. Petitioner Versus Himanshu Verma ……….respondent ____________________________________________________ Coram: Hon'ble Mr. Justice Bipin Chander Negi, Judge Whether approved for reporting? 1 For the petitioner : Mr. Vivek Thakur, Advocate. For the respondent : Mr. Arjun Lall & Mr. Akash Thakur, Advocates. ____________________________________________________ Bipin Chander Negi, Judge ( oral) The present petition has been filed under Section 24 of the CPC, read with Section 21A of the Hindu Marriage Act, seeking transfer of the Hindu Marriage Miscellaneous Petition No. 307 of 2024, titled Himanshu Verma vs. Parul filed for dissolution of marriage by decree of divorce by the respondent/husband, pending before the Additional Principal Judge, Family Court, Palampur, District Kangra, H.P. to the Court of Principal Judge, Family Court, District Hamipur, H.P. 2. Parties in the case at hand are husband and wife. The wife is the petitioner and the husband is the respondent. From a perusal of the pleadings, specifically para 4 of the petition, it is evident that in so far as the petitioner/wife is concerned, she 1 Whether the reporters of the local papers may be allowed to see the judgment? 2 has filed a petition, seeking divorce under Section 13(1)(ia) of the Hindu Marriage Act, bearing No. 398 of 2024, which is pending before the Additional Principal Judge, Family Court, Hamirpur, H.P. In so far as the petition filed by the petitioner/wife is concerned, seeking divorce, which is pending consideration before the Court of Additional Principal Judge, Family Court, Hamirpur, it is submitted by the learned counsel appearing on behalf of the petitioner/wife that the same was filed on 13.12.2024. 3. From a perusal of Annexure-R1, appended along with the reply filed to the petition, it is evident that the divorce petition in the case at hand which is sought to be transferred from the Court of Additional District Judge, Family Court, Palampur, District Kangra, H.P. to Family Court, District Hamirpur was presented on 04.12.2024. 4. In order to decide the present lis, it would be appropriate to refer to Section 21A of the Hindu Marriage Act, 1955. The relevant extract of Section 21A of the Hindu Marriage Act, 1955 reads as under:- “21A. Power to transfer petitions in certain cases.-(1) Where (a) a petition under this Act has been presented to a district court having jurisdiction by a party to a marriage praying for a decree for judicial separation under section 10 or for a decree of divorce under section 13; and (b) another petition under this Act has been presented thereafter by the other party to the marriage praying for a decree for judicial separation under section 10 or for a decree of divorce under section 13 on any ground, whether in the same district court or in a different district court, in the same State or in a 3 different State, the petitions shall be dealt with as specified in sub-section (2). (2) In a case where sub-section (1) applies,- (a) if the petitions are presented to the same district court, both the petitions shall be tried and heard together by that district court; (b) if the petitions are presented to different district courts, the petition presented later shall be transferred to the district court in which the earlier petition was presented and both the petitions shall be heard and disposed of together by the district court in which the earlier petition was presented. 3) In a case where clause (b) of sub-section (2) applies, the court or the Government, as the case may be, competent under the Code of Civil Procedure, which the later petition has been presented to the district court in which the 1908 (5 of 1908), to transfer any suit or proceeding from the district court in earlier petition is pending, shall exercise its powers to transfer such later petition as if it had been empowered so to do under the said Code.” 5. In this respect, it would be appropriate to refer to (2020) 10 SCC 725, titled Shruti Kaushal Bisht vs. Kaushal R. Bisht, relevant extract whereof reads as under:- 10. Sub-section (1) of Section 21-A, deals with a situation where one party to a marriage has filed a petition either for judicial separation under Section 10 or for a decree of divorce under Section 13, before a District Court having jurisdiction and thereafter the other party to the marriage, files a petition either under Section 10 or under Section 13, before the same District Court or in a different District Court in the same State or in a different State. Such types of cases, covered by sub-section (1), are required to be dealt with, in the manner specified in sub- section (2). Sub-section (2) of Section 21-A, has no independent existence dehors sub- section (1). A combined reading of sub- sections (1) and (2) would show that the procedure prescribed by sub-section (2), applies only to situations covered by sub- section(1). 6. From the admitted facts, it is evident that both the petitions in the case at hand have been filed by the parties, 4 seeking divorce under Section 13 of the Hindu Marriage Act. The petitions have been filed in separate District Courts. In view thereof, provisions of Section 21A(1) of the Hindu Marriage Act, 1955 are complied with and hence, the case would be squarely covered with the provision contained in Section 21A(2)(b) of the Hindu Marriage Act, 1955. 7. The petition filed by the petitioner/wife is subsequent in point of time. In view thereof, in terms of provisions contained in Section 21A(3) of the Hindu Marriage Act, 1955, proceedings filed by the petitioner/wife being subsequent in point of time are ordered to be transferred from the Court of Additional Principal Judge, Family Court, District Hamirpur, H.P. to the Court of Additional Principal Judge, Family Court, Palampur, District Kangra, H.P., wherein the petition for divorce has been filed by the respondent/husband. 8. Parties are directed to appear before the Additional Principal Judge, Family Court, Palampur, District Kangra, H.P. on 15.12.2025. It be insured that on or before the said date, proceedings are transferred to the aforesaid Court. 9. The present petition is disposed of in the aforesaid terms, so also, the pending miscellaneous application(s), if any. (Bipin Chander Negi) Judge November 21st, 2025 Susheel