Deepansha vs Abhishek - 2023 Supreme(P&H) 3123

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(P&H) 3123

NIDHI GUPTA
Deepansha – Appellant
Versus
Abhishek – Respondent

Advocates Appeared:
Mr. Sumit S. Bairagi, Advocate; For the Petitioner

Table of Content
1. application for transfer of case (Para 1 , 2)
2. petitioner's arguments for transfer (Para 3)
3. legal principles regarding case transfer (Para 4 , 5 , 6)
4. court's decision to transfer the case (Para 7)
5. concluding orders and directions (Para 8 , 9 , 10 , 11 , 12)

JUDGMENT

Nidhi Gupta, J. (Oral)

CM-1451-CII-2023

This is an application under section 151 of CPC for granting exemption from filing true typed/certified copy of Annexure P1 and permission to place on record true translated/photocopy of the same.

After going through the contents of the application, the same is allowed subject to just all exceptions

Main Case

Prayer in this petition filed by Petitioner-wife is for transfer of petition bearing No.DMC/276/2022 filed by Respondent-husband under Section 13-A of the HINDU MARRIAGE ACT , titled " Abhishek v. Deepansha " pending in the Court of Principal Judge, Family Court, Fatehgarh Sahib, to a Court of competent jurisdiction at Kurukshetra.

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

(i) that the marriage of the parties was earlier solemnized on 17.10.2019 at Arya Samaj Mandir, Delhi and thereafter on 25.10.2019 as per Hindu rites and ceremo