Extracted from the PDF above. The PDF is authoritative.
2026:HHC:31479 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO
No. : 197 of 2026 Decided on : 29
th July, 2026 Anita Kumari …Petitioner Versus Sachin Chandel …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Ms. Abhilasha Kaundal,
Advocate. For the respondent : Mr. Praveen Chandel, Sahil Singh Thakur & Shivalik Bhaik, Advocates. Virender Singh, Judge (Oral) Petitioner–Anita Kumari has approached this Court, by way of the present petition, under Section 24 of the Code of Civil Procedure (hereinafter referred to as ‘the CPC’), seeking transfer of case, bearing HMA No.72 of 2025, titled as Sachin Chandel versus Anita Kumari, instituted by the respondenthusband before the Court of learned Additional Principal Judge, Family Court, Ghumarwin, District Bilaspur, 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2026:HHC:31479 to the Court of Principal Judge, Family Court, Nalagarh, District Solan, H.P.
2. According to the petitionerwife, she was married to respondenthusband, on 06.11.2024, as per Hindu rites and rituals. However, after few days of the marriage, the respondent started neglecting the present petitioner and he was tortured by his mother constantly in the name of customs and rituals of the area. 3. As per the petitionerwife, the respondent had committed mental and physical cruelty, with her and she has informed the mother of the respondenthusband, however, she, instead of resolving the matter has threatened her with dire consequences. 4. It is the further case of the petitionerwife that the respondenthusband had filed a petition under Section 13(1) (ia) of the Hindu Marriage Act (hereinafter referred to as the Act), for restitution of conjugal rights before the Court of learned Principal Judge, Family Court, Ghumarwin, District Bilaspur. 3 2026:HHC:31479
5. According to the petitionerwife, she is working at Baddi and unable to travel from Baddi to Ghumarwin. As such, it is difficult for her to visit/attend the hearing in the case pending before the Court of learned Principal Judge, Family Court, Ghumarwin. 6. On the basis of the above facts, a prayer has been made to allow the petition. 7. Heard. 8. The learned counsel appearing for the respondent has opposed the prayer, so made, in the petition, by tooth and nail. 9. Along with the present petition, the petitionerwife has annexed the photocopy of the petition, filed by the respondenthusband, under Section 13(1)(ia) of the Act.
10. Considering the stand, as taken in the petition, the petitioner was forced to contest the above titled petition, which is pending adjudication before the Court of learned Additional Principal Judge, Family Court, Ghumarwin, District Bilaspur, H.P., whereas, she is residing at Baddi, District Solan. 4 2026:HHC:31479
11. It is no longer res integra that the convenience of the wife is paramount consideration, in such type of matters, and the petitionerwife cannot be forced to contest the petition, by visiting the Court at Ghumarwin, which is at a considerable distance from the residence of the petitionerwife, coupled with the fact that the stand of the petitionerwife has remained uncontroverted, this Court is of the view that the prayer, as made in the petition, deserves to be allowed. 12. Consequently, the petition is allowed and the case bearing HMA No.72 of 2025, titled as Sachin Chandel versus Anita Kumari, pending adjudication before the Court of learned Additional Principal Judge, Family Court, Ghumarwin, District Bilaspur, H.P., is transferred to the Court of learned Additional Principal Judge, Family Court, Nalagarh, District Solan, H.P.
13. Learned Additional Principal Judge, Family Court, Nalagarh, District Solan, H.P., is requested to proceed further, after securing the presence of both the parties. 14. Pending miscellaneous application(s), if any, shall also stand disposed of. 5 2026:HHC:31479
15. A copy of this order be sent to the Court of learned Additional Principal Judge, Family Court, Ghumarwin, District Bilaspur, H.P., as well as, to the Court of learned Additional Principal Judge, Family Court, Nalagarh, District Solan, H.P., for compliance. ( Virender Singh ) July 29, 2026( ps ) Judge