2026:HHC:14720 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. : 486 of 2024 Decided on : 05 th May, 2026 Uma Kumari …Petitioner Versus Manoj Kumar …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Bunesh Pal, Advocate. For the respondent : None. Virender Singh, Judge (Oral) Vide order dated 22.11.2025, the respondent was ordered to be served by way of affixation and publication. Despite service, by way of publication, the respondent has not bothered to put appearance. 2. Petitioner–Uma 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.184 of 2024, titled 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2026:HHC:14720 as Manoj Kumar versus Uma Kumai, instituted by the respondent-husband, before the Court of learned Additional Principal Judge, Family Court, Camp at Arki, District Solan, to the Court of Principal Judge, Family Court, Shimla, District Shimla, H.P. 2. According to the petitioner-wife, she was married to respondent-husband, on 21.01.2014, as per Hindu rites and rituals and thereafter, they started living as husband and wife in the matrimonial home situated at Village Kajayara, P.O. Danoghat, Tehsil Arki, District Solan. Out of the said wedlock, they have been blessed with a son; namely Raman. 3. As per the petitioner-wife, respondent-husband had filed a petition under Section 13 of the Hindu Marriage Act (hereinafter referred to as the Act), for dissolution of marriage before the Court of learned Additional Principal Judge, Family Court, Camp at Arki, District Solan. 4. According to the petitioner-wife, she is a poor lady and presently residing at her parental home at village Basti Gunana, P.O. Kohbag, Tehsil and District Shimla, having no 3 2026:HHC:14720 source of income. She is facing financial crisis and cannot bear the expenditure to visit Arki in every hearing. 5. According to the petitioner-wife, the distance between her residence and Arki is about 50 kilometers and it is difficult for her to visit/attend the hearing in the case pending before the Court of learned Additional Principal Judge, Family Court, Camp at Arki. 6. On the basis of the above facts, a prayer has been made to allow the petition. 7. Heard. 8. Along with the present petition, the petitioner-wife has annexed the photocopy of the petition, filed by the respondent-husband, under Section 13 of the Act. 9. The respondent-husband, despite service, has not bothered to put appearance before this Court to controvert the allegations, which have been levelled in the transfer application. Meaning thereby, whatsoever asserted by the petitioner-wife, which is duly supported by the affidavit, has not been controverted by the respondent-husband. 4 2026:HHC:14720 10. Considering the fact that the convenience of the wife is paramount consideration, in such type of matters, coupled with the fact that whatsoever pleaded by the petitioner-wife, in the petition, remained uncontroverted, this Court is of the view that the present petition is liable to be allowed. 11. Consequently, the petition is allowed and the case bearing HMA Petition No.184 of 2024, titled as Manoj Kumar versus Uma Kumari, pending adjudication before the Court of learned Additional Principal Judge, Family Court, Camp at Arki, District Solan is transferred to the Court of learned Principal Judge, Family Court, Shimla, District Shimla, H.P. 12. Learned Principal 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. 14. A copy of this order be sent to the Court of learned Additional Principal Judge, Family Court, Camp at Arki, 5 2026:HHC:14720 District Solan, as well as, to the Court of learned Principal Judge, Family Court, Shimla, District Shimla, H.P., for compliance. ( Virender Singh ) May 05, 2026( ps ) Judge