Smt. Radha Aged 3 vs Angat Kumar
2022 Latest Caselaw 5951 HP

       IN   THE    HIGH   COURT OF HIMACHAL             PRADESH,




                                                       .
                             SHIMLA





                   ON THE 22nd DAY OF JULY, 2022

                              BEFORE





               HON'BLE MR. JUSTICE AJAY MOHAN GOEL

            CRIMINAL MISC. PETITION (MAIN) U/S 482 CRPC
            No.394 of 2022





    Between:

    1. SMT. RADHA AGED 30
    YEARS, WIFE OF SHRI ANGAT

    KUMAR R/O VILLAGE AND

    P.O.    SAHOO,     TEHSIL
    CHAMBA, DISTRICT CHAMBA,
    (H.P.)
    2. ISHAN AGED 8 YEARS
    MINOR SON OF SHRI ANGAT



    KUMAR R/O VPO SAHOO,
    TEHSIL    AND    DISTRICT
    CHAMBA, H.P. THROUGH HIS




    NATURAL   GUARDIAN    AND
    MOTHER SMT. RADHA WIFE





    OF SHRI ANGAT KUMAR
    PRESENTLY   AT   RESIDING
    WITH HIS MOTHER SMT.





    RADHA.
                                                   ....PETITIONERS.

    (BY MS. SHEETAL VYAS, ADVOCATE, VICE MR. TARA SINGH
    CHAUHAN, ADVOCATE)

    AND
    SHRI ANGAT KUMAR SON OF
    SHRI DEVI DAYAL HEAD
    CONSTABLE    4th   JANGAL
    BERI,  TEHSIL    SUJANPUR
    DISTRICT HAMIRPUR, H.P.
    PRESENT POSTED AS HEAD
    CONSTABLE P.S. SIUNTA,




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                                        2


    UNDER      OFFICE    OF




                                                               .
    SUPERINTENDENT       OF





    POLICE CHAKBA, DISTRICT
    CHAMBA, H.P.
                                                 ....RESPONDENT.





    (RESPONDENT PROCEEDED EX PARTE)

    Whether approved for reporting?1

           This petition coming on for admission this day, the Court passed the

    following:

                 JUDGMENT

r to By way of this petition, a prayer has been made for

transfer of the case which has been filed by the petitioner under

Section 125 of the Criminal Procedure Code, i.e. case No.82 of 2022,

titled as Smt. Radha and another Versus Angat Kumar, pending in

the Court of Principal Judge, Family Court, Hamirpur, District

Hamirpur, H.P. to the Court of learned Principal Judge, Family

Court, Chamba, H.P., inter alia, on the ground that earlier when the

case was filed at Hamirpur, she was residing in the family quarter

provided to her husband by the Police Department where he stands

employed, but in the month of September, 2021, when the petitioner

went to Chamba to appear in her M.A. Examination, on returning

back she found that said accommodation which was provided to her

husband by the Police Department stood vacated by her husband

and the entire household articles stood removed. Learned counsel

for the petitioner submitted that thereafter the petitioner is residing

at Chamba and in these circumstances, she had made a prayer that

.

the proceedings under Section 125 of the Criminal Procedure Code,

i.e. case No.82 of 2022, titled as Smt. Radha and another Versus

Angat Kumar, pending in the Court of Principal Judge, Family

Court, Hamirpur, District Hamirpur, H.P. be transferred to the Court

of learned Principal Judge, Family Court, Chamba, H.P., as she is

not able to prosecute said proceedings at Hamirpur.

2. Despite service, as none has put in appearance on

behalf of the respondent, accordingly, the respondent was proceeded

against ex parte.

3. Having heard learned counsel for the petitioner and

after perusing the averments made in the petition, this Court is

satisfied that there is merit in the prayer so made by learned counsel

for the petitioner. This is for the reason that the contention of the

petitioner that the accommodation where she was residing at

Hamirpur, stands vacated by her husband when she had gone to

Chamba for the M.A. examination, has not been controverted by the

respondent. Further, it is also a matter of record as is evident from

the averments made in the petition that the petitioner has a minor

son to look after who is residing with her and further as per the

contention which has been made by learned counsel for the

petitioner, she has no source of income and the respondent is not

making any payment towards maintenance of the petitioner or the

.

minor child.

4. The petition is accordingly allowed and the proceedings

pending under Section 125 of the Criminal Procedure Code, i.e. case

No.82 of 2022, titled as Smt. Radha and another Versus Angat

Kumar, pending in the Court of Principal Judge, Family Court,

5.

r to Hamirpur, District Hamirpur, H.P. are ordered to be transferred to

the Court of learned Principal Judge, Family Court, Chamba, H.P.,

The petition is disposed of, so also the pending

miscellaneous applications, if any.

(Ajay Mohan Goel)

Judge July 22, 2022 (Rishi)