CHANDNI Vs. RAJEEV PATHIK

JUDGEMENT

(1.) The respondent, namely, Rajeev Pathik, has filed a HMA No.179-S/3 of 2023, titled as Rajeev Pathik versus Chandni, which is pending before the Learned Principal Judge (Family Court) Shimla, Himachal Pradesh.

(2.) By way of this petition, the petitioner-wife, Chandni, has filed the instant CMPMO with the following relief(s):-

(3.) Case set up by Ms. Seema K. Guleria, Learned Counsel is that the marriage of Petitioner-Chandini was solemnized with Respondent- Rajiv Pathik on 14/8/2012 and both resided together at Shimla but, the respondent, turned out the petitioner from his matrimonial home. Since then, the petitioner is stated to be residing at her parental house at Village Daunt, P.O. Jarol tehsil Thunag, District Mandi [H.P]. It is averred that the petitioner has filed a Petition No. 28 of 2022 before Learned Chief Judicial Magistrate, Mandi under Domestic Violence Act, claiming maintenance, which is pending adjudication. 3(i). Petitioner further submits that she has no means of livelihood and she has no movable and immovable property in her name and she is unable to attend the proceedings at Shimla due to financial constraints. It is further averred that on the other hand the respondent is financially well of having sharing movable and immovable properties who can come over to Mandi, which will not cause any prejudice to the Respondent, who can attend both the proceedings [DVA case and HMA case] at one place i.e. Mandi [H.P]. In above background, the petitioner has prayed that the proceedings i.e. HMA No.179-S/3 of 2023, titled as Rajeev Pathik versus Chandni, pending before the Court of Learned. Principal Judge (Family Court), Shimla (HP) may be transferred to the Court of Learned Principal Judge [Family Court] Mandi [HP].