2026:HHC:24053 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.678 of 2025 Decided on: 22.06.2026 Rajni Devi ...Petitioner Versus Swarup Singh ...Respondent Coram Hon’ble Mr. Justice Romesh Verma, Judge Whether approved for reporting? For the petitioner: Mr. Somesh Sharma, Advocate. For the respondent: Mr. Panku Choudhary, Advocate. Romesh Verma, Judge (Oral) The instant petition has been filed for the transfer of petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005, tilted Rajni vs. Swarup Singh, pending before the Chief Judicial Magistrate, District Kullu, H.P. to the Court of learned District Judge (Family Court), District Kangra at Dharmshala. 2. The facts, as emerge in the present case, are that the parties solemnized their marriage in April 2007 as per the Hindu rites and local customs prevailing in the area. It has been averred in the petition that out of the wedlock, one minor daughter, namely, Saryu Singh was born and she is in the care of 2 2026:HHC:24053 the petitioner. After the solemnization of marriage, the behaviour of the respondent changed and he started maltreating, beating and torturing the petitioner. As a result of which, the petitioner was constrained to leave the company of the respondent and started living with her parents. It has further been averred in the petition that the respondent stopped providing day-to-day expenses and even stopped providing the basic necessities such as food and clothing. The respondent gave beatings and maltreated her, as a result of which the relations between the parties became strained. 3. It is the case of the petitioner that since the respondent failed to pay day-to-day expenses and neglected to maintain her minor daughter, she was constrained to file a petition under Section 12 of the Protection of Women from Domestic Violence Act, 2005, tilted Rajni vs. Swarup Singh, bearing case No.6 of 2025 before the learned Chief Judicial Magistrate, Kullu. It has been submitted that the respondent has also instituted a petition for the grant of divorce, bearing HMA No.137/2025 under Section 13(1)(a)(b) of the Hindu Marriage Act, which is still pending before the Principal Judge (Family Court), Kangra at Dharamshala. It is the case of the petitioner that the respondent has neglected to maintain her and that she does not have any independent source of income. Therefore, it is very difficult for her 3 2026:HHC:24053 to travel to a considerable distance of more than 178 Kms in order to attend each and every date of the proceedings. 4. The petitioner has approached this Court for the transfer of a case which she instituted before the learned Chief Judicial Magistrate, Kullu, to the Court of learned District Judge (Family Court), Kangra at Dharamshala. 5. Notice was issued for the service of the respondent on 27.11.2025 and Mr. Panku Choudhary, Advocate, has put in appearance on behalf of the respondent. He has fairly conceded that he does not have any objection if the proceedings pending before the learned Chief Judicial Magistrate, Kullu are transferred to the Court of learned District Judge (Family Court), Kangra at Dharamshala. 6. It is an admitted fact that the relations between the parties became strained after the solemnization of marriage. The petition, which has been filed by the petitioner for the redressal of her grievances under Section 12 of the Protection of Women from Domestic Violence Act, 2005, is pending before the learned Chief Judicial Magistrate, Kullu. The petitioner is totally dependent upon her parents and has to look after her minor daughter, namely, Saryu Singh, who is about 15 years old. 4 2026:HHC:24053 7. In view of no objection on behalf of the respondent and in view of the averments as made in the petition, which is duly supported by an affidavit, the present petition is allowed and the petition titled as Rajni Devi vs. Swarup Singh, bearing case No.6 of 2025, pending before the learned Chief Judicial Magistrate, Kullu is ordered to be transferred to the Court of learned District Judge (Family Court), Kangra at Dharamshala. 8. Learned Chief Judicial Magistrate, Kullu, is directed to send the entire record of aforesaid case to the Court of learned District Judge (Family Court), Kangra at Dharamshala. Thereafter, learned District Judge (Family Court), Kangra at Dharamshala shall proceed in the matter and take the case to its logical end. 9. With these observations, the petition is allowed. The parties undertake to appear before the learned District Judge (Family Court), Kangra at Dharamshala, on 21st July, 2026. 10. Pending application(s), if any, shall also stand disposed of. ( Romesh Verma ) Judge June 22, 2026 (vt)