GIAN CHAND Vs. SHEETLA DEVI

JUDGEMENT

(1.) Since, both the petitions have been filed by the petitioner seeking transfer of cases pending between the parties from Hamirpur to Kangra at Dharamshala, same were clubbed together vide order dated 8.8.2018, and were heard together and are being disposed of vide this common judgment.

(2.) In CMPMO No. 195 of 2018, by invoking provision of S.24 CPC, prayer has been made for transferring HMA No. 95/16 from the court of learned District Judge, Hamirpur to the court of learned District Judge, Kangra at Dharamshala. Similarly, in CrMMO No. 210 of 2018, filed under S.482 CrPC, prayer has been made for transferring Cr. Misc. Application No. 81 of 2016 from the court of learned Single Judge, Hamirpur to the court of learned Single Judge, Kangra at Dharamshala. In both the cases, husband is the petitioner.

(3.) Facts, as emerge from the pleadings of the parties are that the respondent (wife) left the matrimonial home on 29.1.1985, without information and since then, she has not come back. In the year 2013, respondent filed a case for maintenance in the competent Court of law at Hamirpur. Said case was allegedly decided ex parte on 9.7.2015, without any intimation to the petitioner. After having received copy of judgment through the police, petitioner filed a revision petition, which is still pending adjudication. Petitioner also filed a petition for decree of divorce under Sec. 13 of the Hindu Marriage Act, which has been registered as HMA No. 95/2016 and is pending in the court of learned District Judge, Hamirpur. It is argued on behalf of the petitioner that on more than a dozen occasions, when petitioner reached the premises of the court, respondent with the help of her daughter quarreled with him and even gave beatings to the petitioner with the help of her known ones. Petitioner made complaints to the Superintendents of Police, Hamirpur and Kangra.