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2023 Supreme(P&H) 951

NIDHI GUPTA
Amanpreet Kaur Basan – Appellant
Versus
Sukhwinder Singh – Respondent


Advocates appeared:
Mr. Rishabh Gupta, Advocate for the petitioner.

NIDHI GUPTA, J.

1. Prayer in this petition filed by petitioner-wife is for transfer of the petition filed by respondent-husband under Section 9 of the Hindu Marriage Act,1955 (for short ‘the Act’) titled “Sukhwinder Singh vs. Amanpreet Kaur” pending in the Court of Principal Judge, Family Court, Ludhiana to a Court of competent jurisdiction at Hoshiarpur.

2. Learned counsel for the petitioner submits :-

    i) That the parties were married on 23.10.2020 according to Sikh rites and rituals.

    ii) That a male child was born out of this wedlock, who is around 1 year of age and is in the care and custody of the petitioner.

    iii) That the petitioner-wife is living separately from the respondent-husband since 18.5.2022 and living with her parents at their mercy at Hoshiarpur.

    iv) That the petitioner is unemployed, having no source of income and totally dependent upon her parents and the respondent-husband is not paying anything to her towards maintenance.

    v) The respondent-husband has filed the petition under Section 9 of the Hindu Marriage Act, which is pending before the Principal Judge, Family Court, Ludhiana.

    vi) The proceedings arising out of petition under Section 125 Cr.P.C. filed by the petitio

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