CMPMO No. 205 of 2008 9.7.2009 Present: Mr. R. R. Rahi, Advocate, for the petitioner. Mr. Devinder Sharma, Advocate, vice Mr. Suneet Goel, Advocate, for the respondent. CMPMO No. 205 of 2008 In terms of the present petition, petitioner-wife is seeking transfer of petition filed by the respondent-husband under the Hindu Marriage Act, 1955 seeking dissolution of their marriage. The petitioner-wife is residing at Shimla. She also has custody of minor children who are also studying in Shimla. Petitioner has also initiated proceedings against the respondent- husband for maintenance which are also pending in Shimla. The marriage between the parties was also solemnized in District Shimla. Taking into account the totality of the circumstances it would be in the interest of justice as also of parties to transfer the petition filed by the respondent-husband from Dharamshala to Shimla. While taking this view I am supported by the ratio of law laid down by the Apex Court in Sangeeta alias Shreya versus Prasant Vijay Wargiya (2004) 13 SCC 407. Accordingly petition No. HMA 2-S/3 of 2006, titled as Santosh Raj versus Seema pending before the Additional District Judge, Fast Track Court Kangra at Dharamshala is transferred to the Court having competent jurisdiction i.e. District Judge at Shimla. -2- Record be immediately sent to the concerned Court. The learned counsel for the parties agree to appear before the competent Court having jurisdiction i.e. District Judge, Shimla or any other designated Court having competent jurisdiction on 17.8.2009. Petition is allowed and disposed of. (Sanjay Karol), Judge. July 9, 2009 (PK)