Extracted from the PDF above. The PDF is authoritative.
2026:HHC:8379 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO
No. : 562 of 2025 Decided on : 20
th March, 2026 Missi Devi …Petitioner Versus Loga Nand …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Ajay Sharma, Advocate. For the respondent : Ms. Dhanwanti, Advocate. Virender Singh, Judge (Oral) Petitioner Missi Devi has filed the present petition, under Section 24 of the Code of Civil Procedure (hereinafter referred to as ‘the CPC’), for transfer of the petition, bearing HMA No.157/2023, titled as Loga Nand versus Missi Devi, seeking restitution of conjugal rights and petition HMA No.119/2025, titled as Loga Nand versus Missi Devi, seeking divorce, pending adjudication before the 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2026:HHC:8379 Court of learned District Judge (Family Court), Kinnaur at Rampur, to the Court of learned District Judge (Family Court), Shimla, District Shimla, H.P.
2. As per the stand taken in the petition, the parties, senior citizens, who, at one point of time, remained together in the matrimonial home and now, compelled by the circumstances, are litigating with each other. The respondent husband had filed two petitions, one for restitution of conjugal rights and another for divorce, before the Court of learned District Judge (Family Court), Kinnaur at Rampur Bushehr. 3. In the said petition, respondent has put appearance. Now, she has sought transfer of the said cases, on the ground that the marriage between the parties was solemnized on 22.3.2017 at Village Janjheli. Respondent was widower and petitioner had also lost her husband in the year
2005. The respondent is having four children. 4. Later on, the petitioner had filed a petition under Section 125 Cr.PC, against the respondenthusband Loga Nand before the Court of learned Chief Judicial Magistrate, Shimla and as a counter blast to the said petition, the
3 2026:HHC:8379 respondent husband has filed the petitions for restitution of conjugal rights, as well as, for divorce. 5. The transfer of the petitions has also been sought on the ground that petitioner has no independent source of income and she is not in a position to engage a counsel for attending the hearing of the petitions, before the learned trial Court. 6. On the basis of the above facts, the petitioner has sought the relief, as claimed in the petition. 7.
The prayer so made, in the petition, has been opposed by tooth and nail. 8. Heard. 9. Considering the stand, as taken in the petition, the petitioner was forced to contest the above titled petitions, which are pending adjudication before the Court of learned District Judge (Family Court), Kinnaur at Rampur Bushehr, H.P., whereas, she is resident of Tehsil Sunni, District Shimla, H.P.
10. It is no longer res integra that the convenience of the wife is paramount consideration, in such type of matters. 4 2026:HHC:8379 Considering the fact that petitioner, is 62 years of age and resident of Tehsil Sunni, and as such, she cannot be forced to contest the petitions, by visiting the Court at Rampur Bushehr, this Court is of the view that the prayer, as made in the petition, deserves to be allowed. 11. Consequently, the present petition is allowed and the petition, bearing HMA No.157/2023, titled as Loga Nand versus Missi Devi, seeking restitution of conjugal rights and petition bearing HMA No.119/2025, titled as Loga Nand versus Missi Devi, seeking divorce, pending adjudication before the Court of learned District Judge (Family Court), Kinnaur at Rampur is transferred to the Court of learned District Judge (Family Court), Shimla, District Shimla, H.P.
12. Learned District Judge (Family Court), Shimla, District Shimla, H.P., is requested to proceed further, after securing the presence of both the parties. 13. Pending miscellaneous application(s), if any, shall also stand disposed of. 5 2026:HHC:8379
14. A copy of this order be sent to the Court of learned District Judge (Family Court), Kinnaur at Rampur, as well as, to the Court of learned District Judge (Family Court), Shimla, District Shimla, H.P., for compliance. ( Virender Singh ) March 20, 2026( ps ) Judge