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2024 Supreme(SC) 400

B. V. NAGARATHNA, AUGUSTINE GEORGE MASIH
Dolly Rani – Appellant
Versus
Manish Kumar Chanchal – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Dhruv Gupta, Adv. Mr. Kumar Prashant, Adv. Ms. Aprajita Mishra, Adv. Ms. Vanya Gupta, AOR Ms. Yagya Singh, Adv. Ms. Madhu Yadav, Adv.
For the Respondent(s): Ms. Rukhsana Choudhury, AOR

Judgement Key Points

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ORDER :

1. The present transfer petition is filed under Section 25 of the Code of Civil Procedure, 1908 (for short, “CPC”) by the petitioner-wife seeking the following reliefs:

    a. “To transfer the divorce petition under Section 13(l)(ia) of the Hindu Marriage Act, 1955 bearing Matrimonial Case No. 82/2023 titled "Manish Kumar v/s Doly Singh" pending before the Court of Principal Judge, Family Court, Muzaffarpur, Bihar to the Court of Principal Judge, Family Court, Ranchi Jharkhand; and

    b. Pass such other and further orders and/ or directions as 1s deemed just and proper by this Hon'ble Court in the facts and circumstances of the case.”

2. During the pendency of this petition the parties have decided to resolve that dispute by filing a joint application under Article 142 of the Constitution of India seeking certain reliefs as referred to later.

3. Briefly stated, the facts of the case are that the petitioner and the respondent are trained commercial pilots. The parties were engaged to be married on 07.03.2021. The petitioner and respondent claimed to have ‘solemnized’ their marriage on 07.07.2021. They obtained a “marriage certificate” from Vadik Jankalyan Samiti (Regd.). Based on this

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