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2018 Supreme(HP) 1997

SANDEEP SHARMA
Gian Chand – Appellant
Versus
Sheetla Devi – Respondent


Advocates Appeared:
Ajay Sharma, Adv., Kush Sharma, Adv.

JUDGMENT

Sandeep Sharma, J. - Since, both the petitions have been filed by the petitioner seeking transfer of cases pending between the parties from Hamirpur to Kangra at Dharamshala, same were clubbed together vide order dated 8.8.2018, and were heard together and are being disposed of vide this common judgment.

2. In CMPMO No. 195 of 2018, by invoking provision of S.24 CPC, prayer has been made for transferring HMA No. 95/16 from the court of learned District Judge, Hamirpur to the court of learned District Judge, Kangra at Dharamshala. Similarly, in CrMMO No. 210 of 2018, filed under S.482 CrPC, prayer has been made for transferring Cr. Misc. Application No. 81 of 2016 from the court of learned Single Judge, Hamirpur to the court of learned Single Judge, Kangra at Dharamshala. In both the cases, husband is the petitioner.

3. Facts, as emerge from the pleadings of the parties are that the respondent (wife) left the matrimonial home on 29.1.1985, without information and since then, she has not come back. In the year 2013, respondent filed a case for maintenance in the competent Court of law at Hamirpur. Said case was allegedly decided ex parte on 9.7.2015, without any intimation to

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