Allowed¶25

Arti v. Sandeep Kumar

Himachal Pradesh HC6 Oct 2025CMPMO/110/2025

Case brief

AI extract

What is this about?

HHC CMPMO No. 110 of 2025, decided 06.10.2025 by Ajay Mohan Goel, J.: wife's transfer petition allowed; divorce case HMA No. 173/2024 (S.13 Hindu Marriage Act, Sandeep Kumar vs. Arti) shifted from Family Court Rampur Bushahr (Distt. Shimla) to Family Court Kullu on account of the wife's posting at Police Line Kullu and her care and education of a four-year-old daughter; husband's objections (posting at Kinnaur, alleged threat perception at Kullu) did not prevail. Keywords: transfer of divorce petition, convenience of wife, interest of justice, Hindu Marriage Act Section 13, Family Court Kullu, Rampur Bushahr.

What did the court decide?

Transfer of Divorce Petition HMA No. 173/2024 (Sandeep Kumar vs. Arti) from the Family Court, Rampur Bushahr to the Family Court, Kullu; pending miscellaneous applications, if any, disposed of accordingly.

Arti Vs Sandeep Kumar — Matrimonial and Divorce | Himachal Pradesh HC (2025)

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2025:HHC:33779

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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CMPMO No. 110 of 2025 Decided on: 06.10.2025

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Smt. Arti … Petitioner

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Versus

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Sandeep Kumar … Respondent

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Coram

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Hon’ble Mr. Justice Ajay Mohan Goel, Judge.

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Whether approved for reporting?¹

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___________________________________________________________________ For the petitioner : Ms. Prajwal Busta, Advocate as Legal Aid Counsel. For the respondent : Mr. Mohan Singh, Advocate. Ajay Mohan Goel, Judge (Oral)

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By way of this petition, the petitioner has primarily

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prayed for the following reliefs:-

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“It is, therefore, most respectfully prayed that the present petition may kindly be allowed and the Divorce Petition bearing HMA No. 173/2024titled as Sandeep Kumar vs Arti may kindly be transferred to Ld. Family Court Kullu which is pending adjudication before the Ld. Principal Judge Family Court Rampur Bushahar, Distt Shimla H.P., in the interest of justice and fair play. Any other order which this Hon'ble Court may deems just and proper in the facts and circumstances of the case may also be passed in favour of the Petitioner.”

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The contention of the petitioner is that the respondent

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1 Whether reporters of the local papers may be allowed to see the judgment?

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2025:HHC:33779

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has initiated proceedings against her under the Hindu Marriage Act, i.e. Divorce Petition bearing HMA No. 173/2024, titled as Sandeep Kumar vs. Arti , which are presently pending adjudication before the Court of learned Principal Judge, Family Court, Rampur Bushahr, District Shimla, H.P.

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Learned Legal Aid Counsel for the petitioner has submitted that the petitioner is a Police Constable and is presently posted as such at Police Line, Kullu and has a four years old school going daughter, who is being looked after by her. She submitted that a case has been filed against her by the respondent under Section 13 of the Hindu Marriage Act and in these peculiar circumstances, it is very difficult for her to defend herself in said case at Rampur. Accordingly, she has prayed that the case be transferred to Kullu.

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On the other hand, learned Counsel for the respondent submits that as the respondent is also serving as a Constable and is posted at Police Line Yangthang, District Kinnaur, it would not be feasible for the respondent herein to attend said proceedings at Kullu. He has further submitted that there is a threat perception for the respondent at Kullu as his in-laws are also from Kullu.

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Having heard learned Counsel for the parties and having perused the averments made in the petition, as it is not in dispute

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2025:HHC:33779

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that the petitioner is presently serving as a Constable at Police Line Kullu and has a four years old daughter to take care of, who is presently undergoing her education at Kullu, this Court is of the considered view that it would be in the interest of justice, in case, this petition is allowed and case, i.e. HMA No. 173 of 2024, titled as Sandeep Kumar vs. Arti, pending adjudication in the Court of learned Principal Judge, Family Court, Rampur Bushahr is transferred to the Court of learned Principal Judge Family Court, Kullu. Ordered accordingly.

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The petition stands disposed of in above terms. Pending miscellaneous application(s), if any also stand disposed of accordingly.

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(Ajay Mohan Goel) Judge

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October 06, 2025 ( narender )

Arti v. Sandeep Kumar

Case brief

What is this about?

What did the court decide?

Arti v. Sandeep Kumar

Case brief

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What did the court decide?

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