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2018 Supreme(HP) 715

SANDEEP SHARMA
Bharti Kapoor – Appellant
Versus
Des Raj – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Ms. Veena Sharma, Advocate.
For the Respondent:Mr. Dalip K. Sharma, Advocate.

JUDGMENT :

SANDEEP SHARMA, J.

1. Instant petition under S. 24 read with S. 151 CPC has been filed on behalf of the petitioner, Smt. Bharti Kapoor for transfer of HMA Case No. 03 of 2017 titled Des Raj vs. Bharti Kapoor, pending adjudication before the learned Civil Judge (Senior Division), Chamba, Himachal Pradesh to the court of learned Civil Judge, Bilaspur, Himachal Pradesh.

2. Precisely, the facts of the case as emerge from the record are that marriage of petitioner and respondent was solemnized on 28.4.2015 as per Hindu rites and customs. Parties cohabited together as husband and wife cordially for some, but ultimately disputes cropped up between them resulting into institution of cross-cases by both the sides. Petitioner Bharti Kapoor filed Case No. 16 of 2016 under Report No. 282/3 of 2016 in the court of Judicial Magistrate 1st Class, Bilaspur and respondent filed a petition under S. 9 of Hindu Marriage Act, for restitution of conjugal rights, for the transfer of which, present petition came to be filed by the petitioner-Bharti Kapoor.

3. On 23.8.2017, learned counsel representing the respondent stated that dispute can be amicably resolved if parties are persuaded to do so and

































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