VEENITA SHARMA Vs. MANOJ KUMAR.

JUDGEMENT

(1.) Present petition has been filed under Sec. 24 of the Code of Civil Procedure, seeking transfer of divorce petition, filed by respondent under Sec. 13(I) (i-a) (i-b) of Hindu Marriage Act, pending before learned Additional District Judge, Ghumarwin, District Bilaspur Camp at Bilaspur on the ground that a petition under Sec. 125 Cr.P.C. filed by her against respondent is pending before Additional Chief Judicial Magistrate, Court No. 3, Shimla for 27/3/2019 and complaint and Execution Petition filed by her for maintenance allowance under Domestic Violence Act against the respondent are pending before learned Chief Judicial Magistrate, Court No. 3, Shimla for 29/3/2019 and 27/4/2019 with further plea that the divorce petition preferred by respondent at Bilaspur is a counter blast to the proceedings/complaint preferred by the petitioner against the respondent and further that respondent is contesting the application/complaint/Execution preferred by the petitioner at Shimla.

(2.) Respondent was duly served, but he has chosen not to be represented in the present case and hence he is proceeded ex parte.

(3.) Learned counsel for the petitioner has placed reliance upon Rajani Kishor Pardeshi Vs. Kishore Babulal Pardeshi (2005) 12 SCC 237, Ashok Adhwani Vs. Ashok Kishinchand Sadhwani AIR 2009 SC 1374 and also relied upon decisions of Co-ordinate Bench of this Court passed in CMPMO No. 285 of 2018, titled Smt. Priya and Anr. Vs. Abdesh Kondal and Ors. and CMPMO No. 177 of 2016, titled Urvashi Rana Vs. Himanshu Nayyar, in support of his plea.