Rajni Bala vs Ajay Kumar Sharma - 2023 Supreme(P&H) 1876

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 1876

NIDHI GUPTA
Rajni Bala – Appellant
Versus
Ajay Kumar Sharma – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Mr.Sunil Agnihotri

Table of Content
1. request for transfer based on convenience and circumstances. (Para 1 , 2 , 3 , 4)
2. court's approach in transfer applications favors the wife's convenience. (Para 5 , 6 , 7)
3. conditions for granting transfer of matrimonial case. (Para 8 , 9 , 10 , 11)
4. final order and directions regarding case proceedings. (Para 12 , 13)

JUDGMENT :

Nidhi Gupta, J.

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 "Ajay Kumar Sharma vs. Rajni Bala" pending in the Court of Principal Judge, Family Court, Ludhiana to a Court of competent jurisdiction at Family Court Camp at Mukerian, District Hoshiarpur.

2. Learned counsel for the petitioner submits:-

ii) That a male child was born out of this wedlock, who is around 9 years of age and is in the care and custody of the petitioner.

iii) That the petitioner-wife is living separately from the respondent-husband and living with her minor child at the mercy of her real sister at Mukerian, District Hoshiarpur as her mother