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2021 Supreme(SC) 397

DINESH MAHESHWARI, ANIRUDDHA BOSE
ANUSHA SHRIVASTAVA – Appellant
Versus
VIKASH NIGAM – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sameer Shrivastava, AOR Ms. Priya Kanwat, Adv.
For the Respondent: Mr. Gaurav Pathak, Adv. Mr. Virag Gupta, Adv. Ms. Archana Pathak Dave, AOR

ORDER :

1. The marriage of the parties to this petition was solemnised at Bhopal (Madhya Pradesh) under the Special Marriage Act, 1954 (‘the Act of 1954’) on 23.03.2018. It is not in dispute that the parties had lastly lived together as husband and wife at Gurugram (Haryana).

2. On 29.09.2018, the respondent-husband filed a petition for annulment of marriage under Sections 25(i) and 25(iii) and for declaring the marriage void under Section 24(1)(i) of the Act of 1954 before the Principal District Judge, Family Court, Gurugram (Haryana). The petition so filed by the respondent-husband, being HMA No. 1114 of 2018, was taken up for consideration and the petitioner-wife was served with the notice on 08.11.2018. Thereafter, the petitioner-wife filed the present transfer petition seeking transfer of the original case pending before the Principal District Judge, Family Court, Gurugram (Haryana) to the Family Court, Bhopal (Madhya Pradesh). In this petition, notices were issued 13.12.2018 and further proceedings in the said original petition were ordered to remain stayed.

3. After appearance of the parties, when the matter was taken up for consideration on 15.06.2020, the Court found it jus

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