2025:HHC:13953 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.60/2025 a/w CMPMO No.107 of 2025 Date of Decision: 14th May, 2025. 1. CMPMO No.60 of 2025 Avantika Sharma .....Petitioner Versus Prateek Sharma …..Respondent 2. CMPMO No.107 of 2025 Prateek Sharma …..Petitioner Versus Avantika Sharma ….Respondent Coram The Hon’ble Mr. Justice Bipin Chander Negi, Judge. Whether approved for reporting?1 For the Petitioner: Mr. Ashok K. Tyagi, Advocate for the petitioner in CMPMO No.60 of 2025 and for the respondent in CMPMO No.107 of 2025. For the Respondent: Mr. K.D. Sood, Sr. Advocate with Mr. Vivek Thakur, Advocate, for the respondent in CMPMO No.60 of 2025 and for the petitioner in CMPMO No.107 of 2025. Bipin Chander Negi, Judge (oral). Both these petitions are being taken up together for adjudication, as they pertain to the same parties and both the parties have filed petition under Article 227 of the Constitution of India, seeking transfer of cases under Section 24 of the Code of Civil Procedure filed by other party (respondent) to a location wherein suit has been filed by the petitioner in the respective petitions. 1 Whether reporters of Local Papers may be allowed to see the judgment? YES 2 2025:HHC:13953 2. Marriage inter se the parties was solemnized on 04.02.2024. On account of marital discord, wife (Avantika Sharma) alleges that since 21.04.2024, she is residing with her parents in Paonta Sahib and that she has filed a divorce petition before the learned Principal Judge Family Court, Paonta Sahib, District Sirmaur, HP bearing No.151 of 2024, titled Avantika Sharma Vs. Prateek Sharma. 3. Besides the aforesaid, she avers in her petition that husband-Prateek Sharma has filed a petition under Section 12 of the Hindu Marriage Act, seeking relief qua the marriage inter se the two to be declared as void. The same has been filed before the learned Additional Principal Judge, Family Court, Hamirpur, HP bearing HMA No.391/2024, titled Prateek Sharma Vs. Avantika Sharma. 4. By virtue of the former petition CMPMO No.60 of 2024, she seeks transfer of the petition filed by husband- Prateek Sharma pending adjudication before the learned Family Court Hamirpur to the Family Court Paonta Sahib, wherein she resides with her parents and has also filed a suit seeking divorce, as has been mentioned supra. 5. In the latter petition (CMPMO No.107 of 2025), the husband seeks transfer of the case filed by the wife, pending adjudication before the Family Court Paonta Sahib 3 2025:HHC:13953 to Family Court Hamirpur, wherein he has filed a suit seeking relief qua the marriage inter se the two to be declared as void. In the latter petition filed by the husband, it has been averred that wife is working at Nahan, however, she has chosen to file the present proceedings at Paonta Sahib. It is further averred that it would have been convenient for the wife to have filed petition for divorce at Nahan rather than at Paonta Sahib. As per the husband, proceedings filed at Paonta Sahib by the wife have simply been filed to harass the husband, though wife is employed at Nahan, she resides with her parents at Paonta Sahib. The husband is gainfully employed in the private sector, as is evident from the affidavit appended along with the petition filed by the husband in CMPMO No.107 of 2025. 6. In dispute of the present kind where the petitioner- wife is residing in her parental house, it is her convenience that is required to be considered over and above the inconvenience of the husband. (Refers to CMPMO No.616 of 2023, decided on 29.12.2023, titled Raj Kumari @ Parul Vs. Manoj Kumar) 7. Both the counsels appearing on behalf of the parties, on instructions, jointly submit that in the aforesaid 4 2025:HHC:13953 facts and attending circumstances, it would be appropriate if both the suits filed by the respective parties are transferred to the Principal Judge, Family Court at Nahan, District Sirmaur, HP. 8. Taking into account the aforesaid position of law and consensus arrived inter se the parties, both the petitions are ordered to be transferred to the Court of the learned Principal Judge, Family Court at Nahan, District Sirmaur, HP. 9. Parties are directed to appear before the said Court through their counsels on 25.06.2025. It be ensured that record is remitted to the said Court on or before the date fixed. In view of the aforesaid, present petitions are disposed of, so also the pending miscellaneous applications, if any. (Bipin Chander Negi) Judge 14th May, 2025 (Gaurav Rawat)