2026:HHC:8380 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. : 751 of 2025 Decided on : 20 th March, 2026 Anjana Kumari …Petitioner Versus Pawan Kumar …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. Devender K.Sharma, Advocate. For the respondent : Mr. Vishvender Singh, Advocate. Virender Singh, Judge (Oral) Petitioner Anjana Kumari has filed the present petition, under Section 24(1)(a)(b)(ii) of the Code of Civil Procedure (hereinafter referred to as ‘the CPC’), for transfer of the petition, filed under Section 6 of the Hindu Minority and Guardianship Act (hereinafter referred to as ‘the Act’), being Guardians and Wards Act/27/2025, titled as Pawan Kumar versus Anjana Kumari, pending adjudication before 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2026:HHC:8380 the Court of learned Additional District and Sessions Judge, Hamirpur, Circuit Court at Barsar to learned Additional District and Sessions Judge, Sarkaghat, District Mandi, H.P. 2. The factual position, as pleaded in the petition, is that the respondent (husband of the petitioner) had filed petition under Section 6 of the Act, seeking custody of minor daughter of the parties, by filing the same before the learned trial Court. In the said petition, petitioner received summons and put appearance on 16.12.2025. 3. As per the pleaded case of the petitioner, she was married to respondent, as per the Hindu rites and out of the said wedlock, one daughter and one son were born. Both the children are residing with petitioner at her father’s house at village Baldwara, District Mandi, H.P. 4. The respondent-husband had filed a divorce petition before the learned Additional District and Sessions Judge/Principal Judge, Sarkaghat, which was dismissed on 28.11.2022. Thereafter, the respondent had filed appeal, which was pending adjudication before this Court. 3 2026:HHC:8380 5. The petitioner had also filed a petition, under Section 127 of the Cr.PC, for enhancement of maintenance amount, before the learned Principal Judge, Family Court, Sarkaghat, which was allowed on 31.07.2024. Against the said order, the respondent-husband had filed revision, which is also pending adjudication before this Court. 6. The transfer of the petition has been sought on the ground that the petitioner has no source of income and financial support, as the respondent had never taken care of the petitioner, as well as, their minor children. 7. Highlighting the fact that there is distance of about 60 kilometers from Baldwara to Barsar and in order to reach there, she has to change the bus from Jahu. She has also pleaded that the respondent is serving in Indian Army and just to harass the petitioner, he has filed the present petition before the learned trial Court 8. On the basis of the above facts, she has sought the relief, as claimed in the petition. 9. The prayer, so made, in the petition, has been opposed by tooth and nail. 4 2026:HHC:8380 10. Heard. 11. It is no longer res integra that the convenience of the wife is to be seen in such type of matters. The petitioner was forced to contest the above titled petition, which had been filed seeking custody of Bharti Rana, minor daughter of the parties. 12. As per the factual position, the respondent has unsuccessfully filed the petition for divorce, which was also dismissed. Thereafter, he has also challenged the said order, by filing the revision before this Court. 13. Considering the fact that the petitioner has been forced to contest the petition, by visiting the Court at Barsar, this Court is of the view that the prayer, as made in the petition, deserves to be allowed. 14. Consequently, the present petition is allowed and the petition, being Guardian and Wards Act/27/2025, titled as Pawan Kumar versus Anjana Kumari, under Section 6 of the Act, is transferred from the Court of learned Additional District and Sessions Judge, Hamirpur, Camp at Barsar, 5 2026:HHC:8380 District Hamirpur to the Court of learned Additional District and Sessions Judge, Sarkaghat, District Mandi. 15. Learned Additional District and Sessions Judge, Sarkaghat, District Mandi, 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 Additional District and Sessions Judge, Hamirpur, Camp at Barsar, District Hamirpur, as well as, to the Court of learned Additional District and Sessions Judge, Sarkaghat, District Mandi, for compliance. ( Virender Singh ) March 20, 2026( ps ) Judge