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Gaurav Rana vs Smt. Arti Rana on 14 November, 2018

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?

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2

District 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

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3

of his old aged parents, who are suffering from many ailments, as

is evident from the medical evidence, adduced on record.

.

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

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4

from above, she has also initiated some legal proceedings against

petitioner-husband at Shimla.

.

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

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5

Courts below with regard to passing of instant order, enabling

them to do the needful.

.

(Sandeep Sharma)
Judge
November 14, 2018
(vikrant)

r to

15/11/2018 22:57:30 :::HCHP

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