Reena Devi. vs Suresh Kumar

Vivek Singh Thakur J.

1.Notice issued to respondent has been received back duly served, but there is no representation on his behalf, hence he is proceeded ex parte.

Petitioner is wife of respondent. Respondent has filed a petition for dissolution of marriage under Section 13 of the Hindu Marriage Act before

learned District Judge, Sirmaur at Nahan, H.P. In the said petition, respondent has been shown to be residing before marriage and at the time of filing

of the petition at Rajgarh in District Sirmaur, H.P.

Present petition has been filed by petitioner-wife for transfer of said petition preferred by respondent/husband to the Court of learned District Judge,

Solan on the ground that at present, petitioner/wife is residing in Village Silhari, Tehsil Kandaghat, District Solan, H.P. and respondent/husband is also

residing in Village Shikargaon, Post Office alogra, Tehsil and District Solan, H.P. In petition for divorce, respondent/husband, before marriage, has

shown himself as resident of Chambaghat, Tehsil and District Solan, H.P. and at the time of filing of CMPMO No. 124 of 2018 petition, his place of

resident has been mentioned in Village Shikargaon, referred supra.

According to petitioner, she is residing in village Silhari (Kandaghat) along with her two daughters, who are pursuing their studies in LR Group of

College at Oachghat, Solan and Polytechnic College, Kandaghat, respectively. Her son is studying in 9th standard and is residing with her parents at

Rajgarh. It is further stated that it is difficult for daughters of the petitioner to commute regularly from Rajgarh to Kandaghat and Solan, therefore,

they are residing at Kandaghat and also petitioner being unemployed is also finding it difficult to bear the expenses of routine day to day life.

It is submitted on behalf of petitioner that both i.e. petitioner and respondent, are residing near Solan town and therefore, it would be easier for both

of them to contest divorce petition at Solan. It is further submitted that respondent-husband has chosen to file the petition before learned District

Judge, Sirmaur at Nahan with deliberate intention to harass the petitioner, despite having knowledge that petitioner along with her daughters is residing

in Village Silhari (Kandaghat). As Nahan is situated at a distance of 100 kilometers from Kandaghat, whereas Solan is situated at 15 Kilometers from

Kangadhat and about 5-7 kilometers from the present place of residence of respondent. Therefore, transfer of divorce petition from Nahan to Solan

has been advocated.

Considering the facts and circumstances discussed hereinabove, I am of the opinion that it would be in the interest of both the parties to transfer

divorce petition bearing No. 27HMA/3 of 2018, titled as Suresh Kumar Vs. Reena Devi, filed under Section 13 of the Hindu Marriage Act for

dissolution of marriage, from learned District Judge, Sirmaur at Nahan CMPMO No. 124 of 2018 to learned District Judge, Solan. Therefore, transfer

of the said divorce petition is ordered accordingly.

It is informed that the next date of hearing before learned District Judge, Sirmaur at Nahan is fixed for 11th May, 2018. On that date petitioner shall

produce certified copy of this order before learned District Judge, Sirmaur at Nahan, who in compliance thereof shall transfer the record of the case

to learned District Judge, Solan within two weeks, directing the parties to appear before learned District Judge, Solan on 1st June, 2018.

The petition is allowed in the aforesaid terms.