(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 wife seeking transfer of proceedings initiated by the respondent under section 26 of the Hindu Marriage Act, 1955 (No. 25 of 1955) {in short the Act}, from the Court of learned Additional District Judge, Shimla to the Court of learned District Judge, Mandi.
(2.) Undisputed facts are that the marriage between the parties was solemnized on 10.04.2007 in accordance with Hindu Rites and out of the wedlock a son, Master Adityam was born on 9th April, 2008 and is presently living under the care and custody of the petitioner since 10th April, 2012 at Mandi. On account of a matrimonial discord, the petitioner filed a divorce petition under Section 13 of the Act, which is pending adjudication before the learned District Judge, Mandi.
(3.) The respondent, on the other hand, thereafter initiated proceedings for custody of the child by invoking jurisdiction of the learned District Judge, Shimla by filing an application under Section 29 of the Act. It is these proceedings, which are now sought to be transferred from the Court of Additional District Judge, Shimla to the Court of District Judge, Mandi. I have heard learned counsel for the parties and perused the record.