Himachal Pradesh High Court
Gaurav Rana vs Smt. Arti Rana on 14 November, 2018
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 135 of 2018 Decided on: November 14, 2018 .
________________________________________________________________ Gaurav Rana .. Petitioner Versus Smt. Arti Rana ..........Respondent ________________________________________________________________ Coram:
Hon'ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 yes.
________________________________________________________________ For the petitioner : Mr. Arun Sehgal, Advocate.
For the respondent : Ms. Anjali Soni Verma, Advocate. ________________________________________________________________ Sandeep Sharma, Judge:(oral) By way of instant petition filed under Ss.22 and 24 CPC, prayer has been made on behalf of petitioner for transfer of petition No. 21S/30/2015 titled Gaurav Rana vs. Arti Rana, filed under S. 13(1)(iA) of the Hindu Marriage Act, 1955 (hereinafter, 'Act') and petition No. 2/2016 titled Arti Rana vs. Gaurav Rana filed under S.125 CrPC, from the courts at Dharamshala to the courts at Shimla.
2. Averments contained in the petition suggest that the petitioner-husband had filed a petition under S. 13(1)(iA) of the Act, praying therein for dissolution of marriage by a decree of divorce on the ground of cruelty against the respondent-wife, before the learned District Judge, Shimla, however, same was subsequently ordered to be transferred to the court of learned 1 Whether the reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 15/11/2018 22:57:30 :::HCHP 2District Judge, Kangra at Dharamshala on a transfer petition having been filed by the respondent-wife, as she claimed before .
this court that she was residing with her parents in Kangra. It also emerges from the averments contained in the petition that in between, there was some amicable settlement inter se parties and as per compromise inter se the parties, respondent-wife started living with the petitioner-husband in his premises at Shimla.
However, the fact remains that on account of certain differences, they were unable to live together for considerable time, whereafter, respondent-wife filed FIR under S. 498A IPC i.e. FIR No. 151/2016 against the petitioner-husband and his family members. Respondent-wife also filed a petition under the Domestic Violence Act, which is pending before the learned Additional Chief Judicial Magistrate, Court No.1, Shimla.
3. By way of instant petition, petitioner-husband has prayed for transfer of petition filed by him under S.13(1)(iA) of the Act for dissolution of marriage pending before the learned District Judge, Kangra at Dharamshala on the ground that since the respondent-wife is living at Shimla, it would be convenient for both the parties in case, cases as referred to herein above, are ordered to be transferred to Shimla. Petitioner has also stated in his petition that he being the only son, is responsible to take care ::: Downloaded on - 15/11/2018 22:57:30 :::HCHP 3 of his old aged parents, who are suffering from many ailments, as is evident from the medical evidence, adduced on record.
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4. Respondent-wife by way of reply has opposed aforesaid prayer made on behalf of the petitioner-husband. However, she has specifically admitted the fact with regard to her having filed petition against her husband under Domestic Violence Act in the court at Shimla. She also admitted the factum with regard to her residing at Lower Bazaar Shimla with her minor child. She has also not disputed that at present her minor child is studying in a school at Shimla. It is quite apparent from the perusal of reply filed by the respondent that at present, for all intents and purposes, she is living at Shimla and it would be in her interest in case, cases mentioned above, pending at Dharamshala are transferred to the courts at Shimla. No doubt, at one point of time, this court, having taken note of the prayer made by respondent-wife by way of CMPMO No. 395 of 2015, had earlier ordered for transfer of divorce petition from Shimla to Dharamshala, but at that time, this court was made to understand that the respondent-wife is living in Kangra with her parents, but, as has been taken note herein above, material available on record, especially the reply filed by the respondent, suggests that at present respondent-wife is living at Shimla with her children, who are pursuing their studies at Shimla. Apart ::: Downloaded on - 15/11/2018 22:57:30 :::HCHP 4 from above, she has also initiated some legal proceedings against petitioner-husband at Shimla.
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5. Consequently, in view of the above, this court is of the view that no prejudice, whatsoever, would be caused to the respondent-wife, in case, prayer made in the instant petition is allowed and cases mentioned in the same are ordered to be transferred to Shimla.
6. In view of above, present petition is allowed. petition No. 21S/30/2015 titled Gaurav Rana vs. Arti Rana, filed under S. 13(1)(iA) of the Hindu Marriage Act, 1955 and petition No. 2/2016 titled Arti Rana vs. Gaurav Rana filed under S.125 CrPC, are ordered to be transferred from the courts of learned District Judge, Kangra at Dharamshala and learned Judicial Magistrate 1st Class(II) Dharamshala to the courts of learned District Judge, Shimla and Judicial Magistrate 1st Class, Shimla. Records of both the cases be transferred to the courts at Shimla immediately.
7. Learned counsel for the parties, undertake to cause presence of the parties before the courts at Shimla on 28.11.2018.
8. Pending applications, if any, are disposed of. Interim direction, if any, is vacated. Registry to apprise the learned ::: Downloaded on - 15/11/2018 22:57:30 :::HCHP 5 Courts below with regard to passing of instant order, enabling them to do the needful.
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(Sandeep Sharma)
Judge
November 14, 2018
(vikrant)
r to
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