Partly allowed

Sunita Devi alias Nittu v. Kapil Chadha

Himachal Pradesh HC2 May 2017CMPMO/130/2017

Case brief

AI extract

What is this about?

High Court of Himachal Pradesh transferred a pending divorce petition from Additional District Judge, Mandi to District Judge, Bilaspur considering the wife's residence and convenience, subject to a condition for immediate evidence production.

What did the court decide?

Divorce petition transferred from Additional District Judge, Mandi to District Judge, Bilaspur, conditioned on producing evidence on 25.05.2017.

Sunita Devi alias Nittu Vs Kapil Chadha — Matrimonial and Divorce | Himachal Pradesh HC (2017)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

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CMPMO No. 130 of 2017

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Decided on: 2^nd May, 2017

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Smt. Sunita Devi @ Nittu .......Petitioner

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Versus

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Sh. Kapil Chadha ...Respondent

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Coram

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The Hon’ble Mr. Justice Dharam Chand Chaudhary, Judge. Whether approved for reporting?¹ No. For the petitioner: Ms. Kiran Dhiman, Advocate. For the respondent: Mr. Dushyant Dadwal, Advocate.

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Dharam Chand Chaudhary, Judge (Oral)

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This petition has been filed for transfer of HMP No. 68/13 from the Court of learned Additional District Judge(I), Mandi camp at Sundernagar to the Court of learned District Judge, Bilaspur on the ground that the petitioner (respondent in the trial Court) belongs to Barmana, District Bilaspur and it is difficult for her to defend the pending divorce petition in the Court of Additional District Judge(I), Mandi camp at Sundernagar. Also that, two more cases between her and her husband, the respondent are also pending disposal in the Judicial Courts at Bilaspur.

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1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes.

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Mr. Dushyant Dadwal, Advocate learned counsel representing the respondent has opposed the petition on the grounds inter-alia that the same has been filed merely to delay the proceedings in the pending divorce petition in which learned trial Court has granted last and final opportunity to produce the evidence. Also that, Sundernagar is nearer to Barmana, where the petitioner is presently residing as compared to Bilaspur.

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Having gone through the record of this case and taking into consideration the rival submissions coupled with the law laid down by the Apex Court in Rajani Kishor Pardeshi v . Kishore Babulal Pardeshi (2005) 12 SCC 237 and Anjali Ashok Adhwani v . Ashok Kishinchand Sadhwani AIR

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2009 SC 1374 , since it is the convenience of the wife paramount consideration in a case of this nature coupled with the factum of two more cases between the parties are pending disposal at Bilaspur, the transfer of divorce petition registered as HMP No. 68/13 preferred by the respondent-husband against the petitioner, deserves to be transferred to the Court of learned District Judge, Bilaspur, however, subject to the condition that the petitioner to

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produce the evidence on the transfer of the petition to Bilaspur, on a date to be fixed by learned District Judge, Bilaspur so that the proceedings in the main petition are not unnecessarily delayed. Under the garb of order of transfer, the benefit of her own wrong cannot be extended in her favour for the reason that admittedly, she has been given last and final opportunity by learned trial Court to produce the evidence on the next date fixed in the case.

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Therefore, this petition though is allowed and the divorce petition registered as HMP No. 68/13 is ordered to be transferred from the books of the Court of learned Additional District Judge(I), Mandi camp at Sundernagar to that of learned District Judge, Bilaspur for disposal in accordance with law, however, subject to the condition that she will produce the entire evidence at her own on a date to be fixed by the Transferee Court on the next date, which is fixed as 25.05.2017 . In the event of assistance of the Court is required for producing evidence, she will take steps and collect the notices dasti and ensure service thereof upon the witness(s) for the date to be so fixed by the Transferee Court. The Court of learned Additional

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District Judge(I), Mandi camp at Sundernagar shall transfer the entire record of the case to the Court of learned District Judge, Bilaspur forthwith so that the same is received there well before the next date i.e. 25.05.2017. The parties through learned counsel representing them are directed to appear in the Transferee Court i.e. the Court of learned District Judge, Bilaspur on the date so fixed by this Court.

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The petition stands disposed of. Pending application(s), if any, shall also stand disposed of.

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An authenticated copy of this judgment be sent through fax, whereas hard copy through speed post to the Court of learned District Judge, Bilaspur and learned Additional District Judge(I), Mandi camp at Sundernagar for compliance.

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May 2, 2017 (Dharam Chand Chaudhary) (naveen) Judge

Sunita Devi alias Nittu v. Kapil Chadha

Case brief

What is this about?

What did the court decide?

Sunita Devi alias Nittu v. Kapil Chadha

Case brief

What is this about?

What did the court decide?

What the court decided

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