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2023 Supreme(P&H) 3129

NIDHI GUPTA
Harminder Kaur – Appellant
Versus
Raman Kumar – Respondent


Advocates Appeared:
Ms. Neha Dewan, Advocate; For the Petitioner

Table of Content
1. application for transfer of marriage case. (Para 1)
2. petitioner's arguments for case transfer. (Para 2)
3. court’s criteria for transfer in matrimonial disputes. (Para 3 , 4 , 5 , 6)
4. directions and conditions for transfer granted. (Para 7 , 8 , 9 , 10 , 11 , 12)

JUDGMENT

Nidhi Gupta, J. (Oral)

CM-873-CII-2023

This is an application under section 151 CPC for exemption from filing certified/typed/more legible copies of the documents i.e. Annexure P1 to P4.

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 filed by respondent-husband under section 13 of the HINDU MARRIAGE ACT , bearing No.HMA/9796/2022 titled " Raman Kumar v. Harminder Kaur " pending in the Family Court, Ludhiana, to a Court of competent jurisdiction at Patiala.

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

    i) that the parties were married on 05.02.2016;

    ii) that one son was born out of the wedlock on 24.02.2017;

    iii) that the petitioner along with her minor son, who is studying in Guru Nanak Foundation Public School, Patiala, is living with her

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