LAWS(HPH)-2017-9-112

BIMLA DEVI Vs. DAYA NAND

Decided On September 18, 2017
BIMLA DEVI Appellant
V/S
DAYA NAND Respondents

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India, read with Section 24 of the Code of Civil Procedure has been preferred on behalf of the petitioner-wife seeking transfer of the petition i.e. H.M.A. No. 55 of 2016 titled as Daya Nand vs. Bimla Devi, from the Court of learned Additional District Judge-1, Camp at Sunder Nagar, District Mandi, H.P. to the Court of learned District Judge, Shimla, District Shimla, H.P.

(2.) Undisputed facts of the case are that the marriage between the parties was solemnized on 21.11.1989 in accordance with the Hindu Rites and out of the wedlock, a son was born, who is now doing Engineering and is residing at Shimla.

(3.) It was also not in dispute that the petitioner has filed certain proceedings, which are pending adjudication in the Court of learned Judicial Magistrate 1st Class, Karsog, District Mandi.