Extracted from the PDF above. The PDF is authoritative.
2026:HHC:9416 IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO
No. : 136 of 2025 Decided on : 30
th March, 2026 Rani Devi …Petitioner Versus Manoj Kumar …Respondent Coram The Hon’ble Mr. Justice Virender Singh, Judge. Whether approved for reporting?1 For the petitioner : Ms. Prajwal Busta, Advocate. For the respondent : Mr. Surya Chauhan, Advocate. Virender Singh, Judge (Oral) Petitioner Rani 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, under Section 9 of the Hindu Marriage Act (hereinafter referred to as ‘the Act’) and case under the provisions of Guardians and Wards Act, pending adjudication before the Court of learned Principal Judge (Family Court), Bilaspur, to the Court of 1 Whether Reporters of local papers may be allowed to see the judgment? Yes. 2 2026:HHC:9416 learned Chief Judicial Magistrate, Baijnath, District Kangra, H.P.
2. As per the stand taken by the petitionerwife, she was married to respondenthusband, in January 2013, at village Donglu, Post Office Namhol, Tehsil Sadar, Bilaspur. Marriage was duly consummated and the parties to the lis have been blessed with three daughters, aged about 12 years, 9 years and 6 years. 3. According to the petitionerwife, thereafter, the respondenthusband allegedly refused to maintain the petitionerwife and also started maltreating her. Thereafter, the respondenthusband had filed the petition under Section 9 of the Act, for restitution of conjugal rights, as well as, petition under Sections 24 and 25 of the Guardians and Wards Act, which is pending adjudication before the Court of Principal Judge, Family Court, Bilaspur. 4. The transfer of the petitions has also been sought on the ground that petitionerwife has to look after two minor daughters, as third one is residing with respondenthusband. The place, where the lis is pending, is situated at a
3 2026:HHC:9416 considerable distance and it is difficult for the petitionerwife to travel in order to attend the proceedings. 5. The transfer of these petitions has also been sought on the ground that she is residing with her old aged parents, along with her two minor daughters and no one is there to take care of her old aged parents, as well as, the minor daughters. The financial crunch has also put forward as one of the grounds to transfer the petitions. 6.
Along with the petition, photocopies of the petition instituted by the petitionerhusband under Section 9 of the Act, as well as, under Sections 24 and 25 of Guardians and Wards Act, seeking the custody of minor daughters, have also been annexed. 7. When put to notice, the petition has been contested by the respondenthusband, admitting the factum of marriage, as well as, institution of above two petitions before the learned Principal Judge, Family Court, Bilaspur, however, the other allegations have been denied. In addition to this, he has also pleaded that it is the petitionerwife, who had left the matrimonial home and according to the respondenthusband,
4 2026:HHC:9416 the petitionerwife can not be permitted to take benefit of her own wrong. 8. On the basis of the above facts, a prayer has been made to dismiss the petition. 9. The factum of marriage, as well as, living separately, has not been disputed in the present case. 10. The parties to the lis, although, have been blessed with three daughters, but, compelled by the circumstances, now, they are litigating with each other. The lis has been instituted by the respondenthusband at Bilaspur, for which, the petitionerwife, who is residing in village Kotli, P.O. Gunehar, Tehsil Baijnath, has been forced to contest the same, by attending the proceedings. 11. 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 petitionerwife, in the petition, qua her financial inability to attend the Court proceedings, remained uncontroverted, this Court is of the view that the present petition is liable to be allowed. 5 2026:HHC:9416
12. Consequently, the present petition is allowed and the petitions, bearing No.1127/2024, and 163/2024, titled as Manoj Kumar versus Rani Devi, pending adjudication before the Court of learned Principal Judge (Family Court), Bilaspur are transferred to the Court of learned Additional Principal Judge (Family Court), Palampur, District Kangra, H.P.
13.
Learned Additional District Judge (Family Court), Palampur, District Kangra, 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. 15. A copy of this order be sent to the Court of learned Principal Judge (Family Court), Bilaspur, as well as, to the Court of learned Additional Principal Judge (Family Court), Palampur, District Kangra, H.P., for compliance. ( Virender Singh ) March 30, 2026( ps ) Judge