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2023 Supreme(P&H) 515

NIDHI GUPTA
Renu – Appellant
Versus
Ram Avtar – Respondent


Advocates appeared:
Mr. Sumit Sangwan, Advocate, for the Appellant.

JUDGMENT / ORDER

Nidhi Gupta, J. (Oral) - Prayer in this petition filed by petitioner wife is for transfer of petition bearing No.HMA/20/2020 filed by respondent-husband under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955, titled 'Ram Avtar vs. Renu' pending in the Court of Principal Judge, Family Court, Jhajjar, to a court of competent jurisdiction at Charkhi Dadri.

2. Learned counsel for the petitioner, inter alia, submits that:

    i) that the parties were married on 04.12.2016 according to Hindu rites and rituals.

    ii) that a daughter was born out of the wedlock.

    iii) that the petitioner along with minor child is living at Charkhi Dadri.

    iv) that distance between place of residence and place of proceedings is about 90 kms. (one side)

    v) that the petitioner has also filed petition under Section 125 Cr.P.C. at Charkhi Dadri; Domestic Violence Complaint at Charkhi Dadri and FIR No.15/2021 under Sections 323, 498-A, 506 IPC at Women Police Station, Charkhi Dadri.

    3. I have heard learned counsel for the petitioner.

    4. The legal position in such like cases as the present one, is well established. In this regard, judgment of the Hon'ble Supreme Court rendered in N.C.V. Aishwarya vs A.S. Sar

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