IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No. 103 of 2011. Date of decision: 23.5.2011. Smt. Madhu alias Promila …Petitioner. Versus Jagat Pal …Respondent. Coram The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting?1 No For the petitioner: Mr. P.S. Goverdhan, Advocate. For the respondent: None. Deepak Gupta, J. (Oral) 1. This petition has been filed under Section 24 of the Code of Civil Procedure for transfer of the petition titled as Jagat Pal son of Sh. Baldev Dass Versus Smt. Madhu Alias Promila W/o Sh. Jagat Pal pending in the Court of learned Civil Judge, (Sr. Division) Court No.1 Ghumarwin to any other Court at Kasauli, District Solan. 2. The undisputed facts are that the petitioner- wife was married to the respondent-husband in the year 2007. This marriage took place in Kasauli. Thereafter disputes arose between the parties and it appears that a petition under Section 13-B of the Hindu Marriage Act for 1 Whether the reporters of local papers may be allowed to see the Judgment? Yes. : 2 : dissolution of the marriage by passing a decree by mutual consent was filed by the parties before the learned District Judge in November, 2009. This petition was transferred to the Court of Presiding Officer (Fast Track), Solan. However, the husband did not turn up and the petition is still pending. Thereafter it appears that the respondent- wife filed an application under Section 125 of Cr.P.C. for grant of maintenance which is pending in the Court of learned Additional Chief Judicial Magistrate, Kasauli, District Solan. Thereafter the respondent-husband filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights before the learned Civil Judge (Sr. Division) Court No.1, Ghumarwin, District Bilaspur which matter is pending before the said Court. 3. The petitioner-wife by means of this petition has sought transfer of the aforesaid case. Notice of this petition was sent to the husband but he has not put in appearance. Keeping in view the facts that the previous litigation to the parities by mutual consent was filed at Solan and also keeping in view the fact that the wife is residing at Kasauli, I feel that the interest of justice will be served in case the petition is transferred to a Court in District Solan. Normally this petition should be transferred to the Court of Civil Judge (Sr. Division) Kasauli, but since the proceedings for grant of divorce by mutual consent are : 3 : pending before the Court of Presiding Officer (Fast Track) Solan and the dispute involved is the same, in my view the interest of justice will be served in case the proceedings are transferred to the Court of Presiding Officer (Fast Tract) Court, Solan. The Presiding Officer (Fast Track) Court, Solan shall firstly make an effort and see that the matter is amicably settled between the parties. The matter has been transferred to the Presiding Officer (Fast Track), Solan to avoid any inconsistent orders also. The petition is disposed of accordingly. No costs. (Deepak Gupta) Judge May 23, 2011. (Krn Guleria)