Aarti Bansal @ Aariti Gupta vs Sanjay Gupta

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 3165

SANJAY VASHISTH
Aarti Bansal @ Aariti Gupta – Appellant
Versus
Sanjay Gupta – Respondent

Advocates Appeared:
Mr. Kanwar Arun Singh, Advocate; For the Petitioner

JUDGMENT

Mr. Sanjay Vashisth, J.(Oral)

Present transfer application has been filed by the petitioner - wife, under section 24 of CPC, for seeking transfer of the petition bearing No. HMA/110/2022, filed by the respondent - husband, under section 11 of the Hindu Marriage Act, 1955 (Act XXV of 1955), titled as, "Sanjay Gupta v. Aarti Bansal" pending in the Court of Principal Judge, Family Court, Ambala to any Court of competent jurisdiction at Ludhiana.

2. The present transfer petition has been filed, inter alia, on the following grounds:-

i) That the petitioner-wife and respondent-husband got married on 28.02.2020, at Ludhiana, according to the Hindu rites and ceremonies.

ii) That out of the said wedlock, no child was born. However, respondent was earlier married, and out of that wedlock, he has two children, who after the divorce are under the care and custody of his earlier wife.

iii) That the petitioner-wife is 10+2 pass and is not earning anything, while the respondent-husband is running a shoe shop along with his uncle and also doing online business, and thus, he earns a handsome amount of Rs.1,00,000/- to 1,20,000/- p.m.

iv) That travelling from Ambala to Ludhiana, is a distance of