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2025 DAILYLAW 36765 (HP)

NANDINI v. SANDEEP KUMAR

CMPMO/534/2025 · 2025-11-06

Ajay Mohan Goel

body2025

Judgment text

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2025:HHC:37274 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.534 of 2025 Decided on: 06.11.2025 Smt. Nandini … Petitioner Versus Shri Sandeep Kumar … Respondent Coram Hon’ble Mr. Justice Ajay Mohan Goel, Judge. Whether approved for reporting?1 ____________________________________________________ _ For the petitioner : Mr. Anil Jaswal, Advocate. For the respondent : Mr. P.K. Verma, Advocate, vice Mr. Kul Bhushan Khajuria, Advocate. Ajay Mohan Goel, Judge (Oral) Respondent stands served. Mr. P.K. Verma, learned Counsel, vice Mr. Kul Bhushan Khajuria, learned Counsel, has put in appearance on behalf of the respondent. 2. By way of this petition, the petitioner is praying for transfer of the proceedings, i.e. Case No.39/3 of 2025, titled as Sandeep Kumar Versus Nandini, pending before the Court of learned Principal Judge, Family Court, Bilaspur, District Bilaspur, H.P., to the Court of learned Principal Judge, Family Court, Hamirpur, District Hamirpur, H.P., which have been initiated against her by the respondent under Section 13 of the Hindu Marriage Act. 3. Learned Counsel for the petitioner submitted that the 1 Whether reporters of the local papers may be allowed to see the judgment? 2 2025:HHC:37274 petitioner presently is residing with her parents at Hamirpur. She has no independent source of income and in these circumstances, it is not feasible for her to come and defend herself at Bilaspur. Learned Counsel, accordingly, prayed that in light of this fact it would be in the interest of justice in case the proceedings pending before the Court of learned Principal Judge, Family Court, Bilaspur, District Bilaspur, H.P., are ordered to be transferred from Bilaspur to Hamirpur. 4. On the other hand, learned Counsel for the respondent submitted that as distance between Hamirpur and Bilaspur is not all that much, the case can be tried at Bilaspur itself. 5. Having heard learned Counsel for the parties, this Court is of the considered view that as it could not be proved to the contrary that the petitioner presently is unemployed and she is residing with her parents at Hamirpur and is at the mercy of her parents, therefore, it would be in the interest of justice in case proceedings pending before the Court of learned Principal Judge, Family Court, Bilaspur, District Bilaspur, H.P., are ordered to be transferred from Bilaspur to Hamirpur. 6. The contention of the learned Counsel for the respondent that distance between Bilaspur and Hamirpur is not 3 2025:HHC:37274 much, is equally applicable to the respondent also and if according to him, the petitioner should not be having any difficulty in defending herself at Bilaspur, this Court is of the considered view that the respondent also shall not be having any difficulty in pursuing his case at Hamirpur. 7. In light of above observations, this petition is allowed and Case No.39/3 of 2025, titled as Sandeep Kumar Versus Nandini, pending before the Court of learned Principal Judge, Family Court, Bilaspur, District Bilaspur, H.P., is ordered to be transferred to the Court of learned Principal Judge, Family Court, Hamirpur, District Hamirpur, H.P. It is observed that as prayed for, learned Family Court may make an endeavour to have the matter amicably settled between the parties expeditiously. 8. The petition stands disposed of. Interim order dated 11.09.2025, stands vacated. Pending miscellaneous application(s), if any also stand disposed of accordingly. (Ajay Mohan Goel) Judge November 06, 2025 (Rishi)