LAWS(HPH)-2019-8-120

SUNIL KAUR Vs. YASHPAL SINGH

Decided On August 30, 2019
Sunil Kaur Appellant
V/S
YASHPAL SINGH Respondents

JUDGEMENT

(1.) By way of instant petition filed under Art. 227 of the Constitution of India read with S.24 CPC, prayer has been made for transfer of HMA No. 11/2018 titled Yashpal Singh vs. Sunil Kaur, from the court of leaned Civil Judge (Senior Division), Sundernagar, Mandi to the court of learned District Judge, Kullu, District Kullu, Himachal Pradesh.

(2.) Further perusal of the averments contained in the petition suggests that the marriage between petitioner and respondent was solemnised on 18.10.2015 at Village Halel, Post Office Kanaid, Tehsil Sundernagar, Mandi, Himachal Pradesh. It seems that soon after marriage, differences arose between the parties leading to filing of complaint under the provisions of the Protection of Women from Domestic Violence Act, 2005 by the petitioner and aforesaid petition under Hindu Marriage Act, for restitution of conjugal rights by the respondent.

(3.) From the pleadings, it is elicited that petitioner is residing at her parental house in Village Badah, Post Office Mahol, Tehsil and District, Kullu, Himachal Pradesh. She apprehends some untoward incident at Sundernagar and as such, has prayed for transferring the petition filed by the respondent in the court of Civil Judge (Senior Division), Sundernagar, Mandi to the court of learned District Judge, Kullu, Himachal Pradesh.