Mittika v. Vickey Kapoor .

Vivek Singh Thakur, J.:— Petitioner is wife of respondent. Respondent has preferred a petition under the Hindu Marriage Act against the petitioner, which is pending adjudication in the Court of learned Additional District Judge, Kangra at Dharamshala, in Circuit Court at Nurpur.

2. Petitioner is residing in District Chamba and she has approached this Court for transfer of aforesaid petition filed by her husband, from District Kangra to District Chamba.

3. Respondent was duly served for 7.7.2022, but he did not choose to be represented. Thereafter, case was adjourned for 14.7.2022 and, on 14.7.2022, it was adjourned for one week and thereafter it has been listed today. Till date there is no representation on behalf of respondent, which indicates that respondent has nothing to say about the plea taken in the petition.

4. In view of pronouncements of the Supreme Court in Soma Chaudhury v. Gourab Choudhury reported in (2004) 13 SCC 462; Rajani Kishor Pardeshi v. Kishor Babulal Pardeshi . reported in (2005) 12 SCC 237; Kulwinder Kaur v. Kandi Friends Education Trust reported in (2008) 3 SCC 659; Arti Rani v. Dharmendra Kumar Gupta reported in (2008) 9 SCC 353; Anjali Ashok Sadhwani v. Ashok Kishinchand Sadhwani reported in (2009) 16 SCC 188 : AIR 2009 SC 1374; Krishna Veni Nagam v. Harish Nagam . reported in (2017) 4 SCC 150 and Anita v. Sh. Balbir Singh . reported in 2019 (1) Him.LR (HC) 227; and considering the facts stated in petition and submissions made by learned counsel for petitioner, the petition bearing HM Misc. Petition No. 408 of 2021, titled as Vicky Kapoor v. Mittika is ordered to be transferred from the Court of Additional District Judge, Kangra at Dharamshala pending in Circuit Court at Nurpur to Principal Judge/District Judge (Family Court), Chamba District Chamba, H.P. with direction to learned Additional District Judge, Kangra at Dharamshala to transfer the record to the Principal Judge/District Judge (Family Court), Chamba.

5. Registry to ensure transmission of copy of this order to both the Courts for necessary compliance. It is also directed that learned Additional District Judge, Kangra at Dharamshala shall also inform the parties through their counsel about this order the Court with direction to appear before the Court of Principal Judge/District Judge (Family Court), Chamba on 16 August, 2022.

6. Petition stands disposed of in above terms, so also pending applications, if any.

7. The parties are permitted to produce copy of order downloaded from the High Court website and the concerned Court(s) shall not insist for certified copy of the order, however, they may verify the passing of order from the High Court website or otherwise.