GAURAV RANA Vs. ARTI RANA

JUDGEMENT

(1.) By way of instant petition filed under Ss.22 and 24 CPC, prayer has been made on behalf of petitioner for transfer of petition No. 21S/30/2015 titled Gaurav Rana vs. Arti Rana, filed under S. 13(1)(iA) of the Hindu Marriage Act, 1955 (hereinafter, 'Act') and petition No. 2/2016 titled Arti Rana vs. Gaurav Rana filed under S.125 CrPC, from the courts at Dharamshala to the courts at Shimla.

(2.) Averments contained in the petition suggest that the petitioner-husband had filed a petition under S. 13(1)(iA) of the Act, praying therein for dissolution of marriage by a decree of divorce on the ground of cruelty against the respondent-wife, before the learned District Judge, Shimla, however, same was subsequently ordered to be transferred to the court of learned District Judge, Kangra at Dharamshala on a transfer petition having been filed by the respondent-wife, as she claimed before this court that she was residing with her parents in Kangra. It also emerges from the averments contained in the petition that in between, there was some amicable settlement inter se parties and as per compromise inter se the parties, respondent-wife started living with the petitioner-husband in his premises at Shimla. However, the fact remains that on account of certain differences, they were unable to live together for considerable time, whereafter, respondent-wife filed FIR under S. 498A Penal Code i.e. FIR No. 151/2016 against the petitioner-husband and his family members. Respondent-wife also filed a petition under the Domestic Violence Act, which is pending before the learned Additional Chief Judicial Magistrate, Court No.1, Shimla.

(3.) By way of instant petition, petitioner-husband has prayed for transfer of petition filed by him under S.13(1)(iA) of the Act for dissolution of marriage pending before the learned District Judge, Kangra at Dharamshala on the ground that since the respondent-wife is living at Shimla, it would be convenient for both the parties in case, cases as referred to herein above, are ordered to be transferred to Shimla. Petitioner has also stated in his petition that he being the only son, is responsible to take care of his old aged parents, who are suffering from many ailments, as is evident from the medical evidence, adduced on record.