ADITI GUPTA Vs. AKASH GARG

JUDGEMENT

(1.) The petitioners have filed the present petition for seeking transfer of the maintenance proceedings under Sec. 125 of Cr.P.C., titled Aditi Gupta and another vs Akash Garg, pending before learned Principal Judge (Family Court), Shimla, to learned Family Court at Nahan, District Sirmour, H.P. It was asserted that petitioner No.1 and respondent were married on 26/4/2018 at Village and Post Office Dadahu, District Sirmour, H.P., as per Hindu rites and customs. The relationship between petitioner No.1 and respondent became strained with time, and they stopped residing together. The petitioners initiated maintenance proceedings under Sec. 125 of Cr.P.C., which was registered as Case No.27 of 2022, titled Aditi Gupta and another vs Akash Garg, along with an application for interim maintenance. The matter is pending before the learned Family Court, Shimla. Petitioner No.1 is employed as a Junior O ice Assistant with HPSIDC. She was transferred on 29/4/2023 fr m Shimla to Nahan, and she would be unable to con inue with the proceedings. Hence, the petition.

(2.) Mr Rajiv Rai, learned counsel for the petitioners, submitted that the petiti n was originally instituted at Shimla because the petitioners were residing at Shimla. She has been transferred to Nahan, and it is difficult for her to travel to Shimla to pursue the petition filed by her. Therefore, he prayed that the present petition be allowed and the petition be transferred to Nahan. He relied upon the judgments of this Court in Privika Chandel v. Bhanu Pratap, CMPMO No. 355 of 2021, decided on 1/8/2023, Smt. Radha Vs. Guler Singh, CMPMO No. 309 of 2023, decided on 21/8/2023, Sapna Devi Kumari Vs. Dr Diwakar, CMPMO No. 363 of 2023, decided on 2/9/2024 and Monika Sharma Vs. Abhishek Gautam, CMPMO No. 662 of 2024, decided on 16/12/2024 in support of his submission.

(3.) I have given considerable thought to the submissions made at the bar and have gone through the records carefully.