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2026 DAILYLAW 5605 (HP)

RITIKA BHARDWAJ v. ANAN SOOD

CMPMO/774/2025 · 2026-05-05

Virender Singh

body2026

Judgment text

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2026:HHC:15030 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. : 774 of 2025 Decided on : 05 th May, 2026 Ritika Bhardwaj …Petitioner Versus Anan Sood …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Amit Singh Chandel & Mr. Abhinav Mehta, Advocates. For the respondent : Mr. Ajay Sharma, Senior Advocate with Mr. Tarun K. Brakta, Advocate. Virender Singh, Judge (Oral) Petitioner–Ritika Bhardwaj 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.317 of 2025, titled as Anan Sood versus Ritika Bhardwaj, instituted by the respondent-husband before the Court of learned Principal Judge, Family Court, Kangra at Dharamshala, District 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2026:HHC:15030 Kangra, to the Court of Principal Judge, Family Court, Bilaspur, District Bilaspur, H.P. 2. According to the petitioner-wife, she was married to respondent-husband, on 22.10.2023, as per Hindu rites and rituals and soon after the marriage, the petitioner was subjected to continuous mental cruelty and harassment at the hands of the respondent and his family members, primarily on account of alleged inadequacy of gifts and marriage arrangements. 3. As per the petitioner-wife, the harassment and hostile environment compelled the petitioner to visit her parental home on 10.01.2025, with the intention to seek intervention of her parents. Thereafter, the petitioner approached the matrimonial home, along with her parents, on 5.2.2025. The respondents-husband and his family members flatly refused to allow the petitioner to enter the matrimonial home and categorically declared that she would no longer be permitted to reside there. 4. It is the further case of the petitioner-wife that thereafter, she had filed a police complaint, under the 3 2026:HHC:15030 Domestic Violence Act, which is pending adjudication before the Court of learned Judicial Magistrate First Class, Bilaspur. Thereafter, she had also filed a petition, under Section 144 of BNSS, seeking maintenance from the respondent husband, which is pending adjudication before the Court of learned Principal Judge, Family Court, Bilaspur. 5. According to the petitioner-wife, as a counter blast thereto, the respondent-husband had filed a petition under Section 13(1)(ia) and (ib) of the Hindu Marriage Act (hereinafter referred to as the Act), for dissolution of marriage before the Court of learned Principal Judge, Family Court, Kangra at Dharamshala, District Kangra. 6. According to the petitioner-wife, the distance between her residence and Dharamshala is about 150 kilometers, 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, Kangra at Dharamshala. 7. On the basis of the above facts, a prayer has been made to allow the petition. 4 2026:HHC:15030 8. Keeping in view the nature of dispute involved in the present case, this Court has referred the matter to the mediation, for amicable settlement, however, as per the report of the learned mediator, the mediation was failed. 9. Although, the respondent-husband has not filed the reply, however, the prayer, so made, in the petition, has been opposed, by tooth and nail. 10. It has been argued by the learned Senior counsel for the respondent-husband that the present application is nothing, but, pressurizing tactics to compel the respondent- husband to withdraw the proceedings. According to learned Senior counsel, the present petition is abuse of process of law and the same may kindly be dismissed with exemplary costs. 11. Along with the present petition, the petitioner-wife has annexed the photocopy of the petition, filed by the respondent-husband, under Section 13(1)(ia) and (ib) of the Act. 12. 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 5 2026:HHC:15030 Principal Judge, Family Court, Kangra at Dharamshala, District Kangra, H.P., whereas, she is resident of Ropa Gandhian, Post Office Beri Rajadiyan, District Bilaspur, and the distance between the residence of the petitioner and the Court, where the matter is pending, is pleaded as 150 kilometers. 13. It is no longer res integra that the convenience of the wife is paramount consideration, in such type of matters, and the petitioner-wife cannot be forced to contest the petition, by visiting the Court at Dharamshala, which is about 150 kilometers from her residence, coupled with the fact that the stand of the petitioner-wife has remained uncontroverted, this Court is of the view that the prayer, as made in the petition, deserves to be allowed. 14. Consequently, the petition is allowed and the case bearing HMA No.317 of 2025, titled as Ritika Bhardwaj versus Anan Sood, pending adjudication before the Court of learned Principal Judge, Family Court, Kangra at Dharamshala, District Kangra, H.P., is transferred to the 6 2026:HHC:15030 Court of learned Principal Judge, Family Court, Bilaspur, District Bilaspur, H.P. 15. Learned Principal Judge, Family Court, Bilsapur, District Bilaspur, H.P., is requested to proceed further, after securing the presence of both the parties. 16. Pending miscellaneous application(s), if any, shall also stand disposed of. 17. A copy of this order be sent to the Court of learned Principal Judge, Family Court, Kangra at Dharamshala, District Kangra, H.P., as well as, to the Court of learned Principal Judge, Family Court, Bilaspur, District Bilaspur, H.P., for compliance. ( Virender Singh ) May 05, 2026( ps ) Judge