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Himachal Pradesh High Court
Babita Devi vs Manoj Kumar on 28 November, 2025
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Date of Decision: 28th November, 2025.
Babita Devi .....Petitioner
.
Versus
Manoj Kumar .....Respondent
Coram
The Hon'ble Mr. Justice Bipin Chander Negi, Judge.
Whether approved for reporting?1
of
For the Petitioner: Mr. Vinod Thakur, Advocate.
For the Respondent: Mr. Umesh Kanwar, Advocate.
Bipin Chander Negi, Judge (oral).
rt
By virtue of the present petition, filed under Section 24
of the Code of Civil Procedure, a transfer of case titled, Manoj
Kumar Vs. Babita Devi, pending consideration before the
learned Senior Civil Judge, Ghumarwin, District Bilaspur, HP,
under Section 24 of the Specific Relief Act, is sought to be got
transferred, subject to the convenience of the present
petitioner-wife to the Court of learned Civil Judge, Junior
Division, Anni, Session Division Kinnaur at Rampur Bushahr, HP.
2. Heard counsel for the parties and perused the
pleadings.
3. The petitioner claims to be the wife of the respondent
and states that the marriage inter se the parties were
solemnized on 07.06.2019, a fact, which is disputed by the
present respondent. It is in the aforesaid backdrop that suit
Whether reporters of Local Papers may be allowed to see the judgment? YES
under Section 34 of the Specific Relief Act has been filed by the
respondent before the Court of learned Senior Civil Judge,
Ghumarwin, District Bilaspur, HP, wherein the respondent is
.
seeking declaration to the effect that the petitioner is not the
legally wedded wife of the respondent.
4. In the present petition filed, it has been contended that
out of the aforesaid wedlock alleged by the present petitioner, a
of
female child has also been born. The birth certificate in this
respect has been placed on record, which is dated 06.03.2020.
rt
The petitioner/wife submits that presently she is living with her
parents. She is not gainfully employed, a fact which can be
ascertained from the affidavit filed along with the present
petition, wherein her occupation has been shown as house wife.
Her financial support is dependent upon her parents.
5. This Court cannot also lose sight of the fact that the
petitioner would unnecessarily be made to spend huge sum of
money on transportation, as she being defendant in the petition
in the Court below initiated at the behest of the present
respondent(Husband), would always be under an obligation to
attend the Court at Ghumarwin, District Bilaspur, HP.
6. Other than the aforesaid, 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
Courtplace 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 upon to consider the plea of
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,
rt
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 case pending
before learned Senior Civil Judge, Ghumarwin, District Bilaspur,
HP is ordered to be transferred to the Court of learned Civil
Judge, Junior Division, Anni, Session Division Kinnaur at
.
Rampur Bushahr, HP.
8. The parties are directed to appear before the learned trial
Court on 19.12.2025.
9. In view of above terms, present petition stands
of
disposed of, so also, the pending miscellaneous application(s), if
any.
rt (Bipin Chander Negi)
Judge
28th November, 2025
(Gaurav Rawat)
