Himachal Pradesh High Court
Avantika Sharma vs Prateek Sharma on 14 May, 2025
2025:HHC:13953
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
CMPMO No.60/2025 a/w
CMPMO No.107 of 2025
Date of Decision: 14th May, 2025.
1. CMPMO No.60 of 2025
Avantika Sharma .....Petitioner
Versus
Prateek Sharma .....Respondent
2. CMPMO No.107 of 2025
Prateek Sharma .....Petitioner
Versus
Avantika Sharma ....Respondent
Coram
The Hon'ble Mr. Justice Bipin Chander Negi, Judge.
Whether approved for reporting?1
For the Petitioner: Mr. Ashok K. Tyagi, Advocate for the
petitioner in CMPMO No.60 of 2025
and for the respondent in CMPMO
No.107 of 2025.
For the Respondent: Mr. K.D. Sood, Sr. Advocate with Mr.
Vivek Thakur, Advocate, for the
respondent in CMPMO No.60 of 2025
and for the petitioner in CMPMO
No.107 of 2025.
Bipin Chander Negi, Judge (oral).
Both these petitions are being taken up together for
adjudication, as they pertain to the same parties and both
the parties have filed petition under Article 227 of the
Constitution of India, seeking transfer of cases under
Section 24 of the Code of Civil Procedure filed by other
party (respondent) to a location wherein suit has been filed
by the petitioner in the respective petitions.
Whether reporters of Local Papers may be allowed to see the judgment? YES
2025:HHC:13953
2. Marriage inter se the parties was solemnized on
04.02.2024. On account of marital discord, wife (Avantika
Sharma) alleges that since 21.04.2024, she is residing with
her parents in Paonta Sahib and that she has filed a
divorce petition before the learned Principal Judge Family
Court, Paonta Sahib, District Sirmaur, HP bearing No.151
of 2024, titled Avantika Sharma Vs. Prateek Sharma.
3. Besides the aforesaid, she avers in her petition that
husband-Prateek Sharma has filed a petition under Section
12 of the Hindu Marriage Act, seeking relief qua the
marriage inter se the two to be declared as void. The
same has been filed before the learned Additional Principal
Judge, Family Court, Hamirpur, HP bearing HMA
No.391/2024, titled Prateek Sharma Vs. Avantika Sharma.
4. By virtue of the former petition CMPMO No.60 of
2024, she seeks transfer of the petition filed by husband-
Prateek Sharma pending adjudication before the learned
Family Court Hamirpur to the Family Court Paonta Sahib,
wherein she resides with her parents and has also filed a
suit seeking divorce, as has been mentioned supra.
5. In the latter petition (CMPMO No.107 of 2025), the
husband seeks transfer of the case filed by the wife,
pending adjudication before the Family Court Paonta Sahib
2025:HHC:13953
to Family Court Hamirpur, wherein he has filed a suit
seeking relief qua the marriage inter se the two to be
declared as void. In the latter petition filed by the
husband, it has been averred that wife is working at
Nahan, however, she has chosen to file the present
proceedings at Paonta Sahib. It is further averred that it
would have been convenient for the wife to have filed
petition for divorce at Nahan rather than at Paonta Sahib.
As per the husband, proceedings filed at Paonta Sahib by
the wife have simply been filed to harass the husband,
though wife is employed at Nahan, she resides with her
parents at Paonta Sahib. The husband is gainfully
employed in the private sector, as is evident from the
affidavit appended along with the petition filed by the
husband in CMPMO No.107 of 2025.
6. In dispute of the present kind where the petitioner-
wife is residing in her parental house, it is her convenience
that is required to be considered over and above the
inconvenience of the husband. (Refers to CMPMO No.616
of 2023, decided on 29.12.2023, titled Raj Kumari @ Parul
Vs. Manoj Kumar)
7. Both the counsels appearing on behalf of the
parties, on instructions, jointly submit that in the aforesaid
2025:HHC:13953
facts and attending circumstances, it would be appropriate
if both the suits filed by the respective parties are
transferred to the Principal Judge, Family Court at Nahan,
District Sirmaur, HP.
8. Taking into account the aforesaid position of law
and consensus arrived inter se the parties, both the
petitions are ordered to be transferred to the Court of the
learned Principal Judge, Family Court at Nahan, District
Sirmaur, HP.
9. Parties are directed to appear before the said Court
through their counsels on 25.06.2025. It be ensured that
record is remitted to the said Court on or before the date
fixed.
In view of the aforesaid, present petitions are
disposed of, so also the pending miscellaneous
applications, if any.
(Bipin Chander Negi)
Judge
14th May, 2025
(Gaurav Rawat)
