Himachal Pradesh High Court
Sapna vs Avnish Kumar on 7 April, 2025
1
( 2025:HHC:9534 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No.633 of 2024
Date of Decision : 07.04.2025
Sapna
...... Petitioner
Versus
Avnish Kumar
......Respondent
Coram:
The Hon'ble Mr. Justice Bipin Chander Negi, Judge
Whether approved for reporting?1
For the petitioner : Mr. Gurinder Singh Parmar, Advocate.
For the respondent : Mr. Munish Dhatwalia, Advocate.
Bipin Chander Negi, Judge (oral)
The present petition has been filed seeking following
relief:-
" It is, therefore, prayed that the petition may kindly
be allowed and the case titled as "Avnish versus
Sapna" having case No.Guardians and Wards
Act/6/2024 be transferred from the court of Addl.
Principal Judge, Family Court, (Circuit Court at
Barsar) Hamirpur, Himachal Pradesh to the court of
Addl. Principal Judge, Family Court (Circuit Court at
Amb) Una, Himachal Pradesh, in the best interest of
justice."
Whether reporters of Local Papers may be allowed to see the judgment?
( 2025:HHC:9534 )
2. Heard learned counsel for the parties and perused the
pleadings and documents appended along-with present petition.
3. The marriage inter se the parties was solemnized on
10.10.2018. Out of the wedlock, one son who is about 4 years of
age and is presently residing with the petitioner was born. The
respondent is serving in the Indian Army. Presently, the petitioner is
residing with her parents along with her son since 24.12.2022. She
has no independent source of income. For financial assistance, she
is totally dependent upon her parents. Another proceedings under
Section 9 of the Hindu Marriage Act, which had been filed by the
respondent at Hamirpur (Circuit Court at Barsar) at the instance of
the present petitioner vide judgment dated 16.12.2024, passed in
CMPMO No.120 of 2024, titled Sapna vs. Avnish Kumar, stand
transferred to the Court of learned Additional Principal Judge, Family
Court (Circuit Court at Amb), District Una.
4. Besides the aforesaid, proceedings under Section 125
of the Code of Criminal Procedure filed at the behest of the present
petitioner are also stated to be pending adjudication before the
Family Court, Una (Circuit Court at Amb).
5. The only contention urged by the respondent is that the
petitioner is residing at Chandigarh. In order to support this
contention, reliance has been placed on the report of the Process
( 2025:HHC:9534 )
Service qua summons issued in the petition under Section 9 of the
Hindu Marriage Act, wherein, it is so recorded by the Process
Server. As has already been stated, the aforesaid proceedings vide
judgment dated 16.12.2024, passed in CMPMO No.120 of 2024,
titled Sapna vs. Avnish Kumar, stand transferred to the Court of
learned Additional Principal Judge, Family Court (Circuit Court at
Amb), District Una. Moreover, in response to the aforesaid
averment in the rejoinder filed, the summon served upon the present
petitioner in proceedings filed under Section 9 of the Hindu Marriage
Act, has been placed on record, where from it is evident that service
of the present petitioner in the said case had been effected on the
address mentioned in the present cause title (summon served on the
petitioner qua 16th March, 2024).
6. In Civil Appeal No.4894 of 2022 [arising out of
SLP(C) No(s).16465 of 2021], titled as N.C.V. Aishwarya versus
A.S. Saravana Karthik Sha, the Hon'ble Supreme Court has
outlined the cardinal principles for considering prayer for transfer of
proceedings, from one Court-place to another, in matrimonial
matters in the following terms.
"7. The cardinal principle for exercise of power
under Section 24 of the Code of Civil Procedure is
that the ends of justice should demand the transfer
of the suit, appeal or other proceeding. In
matrimonial matters, wherever Courts are called
( 2025:HHC:9534 )
upon to consider the plea of transfer, the Courts
have to take into consideration the economic
soundness of both the parties, the social strata of
the spouses and their behavioural pattern, their
standard of life prior to the marriage and
subsequent thereto and the circumstances of both
the parties in eking out their livelihood and under
whose protective umbrella they are seeking their
sustenance to life. Given the prevailing
socioeconomic paradigm in the Indian society,
generally, it is the wife's convenience which must be
looked at while considering transfer.
8. Further, when two or more proceedings are
pending in different Courts between the same
parties which raise common question of fact and
law, and when the decisions in the cases are
interdependent, it is desirable that they should be
tried together by the same Judge so as to avoid
multiplicity in trial of the same issues and conflict of
decisions."
7. In view of the aforesaid facts and attending
circumstances of the case and in view of the law enunciated by the
Apex Court, present petition is allowed. The petition filed under the
Guardians and Wards Act, 1870 bearing No.6/2024, titled Avnish vs.
Sapna, pending before the Court of learned Additional Principal
Judge, Family Court, Hamirpur (Circuit Court at Barsar) is ordered to
be transferred to the Court of learned Additional Principal Judge,
Family Court, Una (Circuit Court at Amb).
( 2025:HHC:9534 )
8. In view of above terms, present petition stands disposed
of, so also, the pending miscellaneous application(s), if any.
9. The parties are directed to appear before the trial Court
on 23.04.2025.
(Bipin Chander Negi)
April 07, 2025 (KS) Judge
