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2021 Supreme(Sikk) 15

BHASKAR RAJ PRADHAN
Manisha Karki W/o Shri Daulat Khatiwada – Appellant
Versus
Daulat Khatiwada, Son of late Prabhu Ram Khatiwada – Respondent


Advocates Appeared:
For the Appellant :Ms. Gita Bista, Advocate.
For the Respondent:Mr. Yadev Sharma and Ms. Pema Bhutia, Advocates.

JUDGMENT :

Bhaskar Raj Pradhan, J.

1. An application for transfer of the proceeding pending before the learned Family Judge, West Sikkim at Gyalshing i.e. F.C. (Civil) Case No. 14 of 2020 filed by the respondent-husband against the petitioner-wife for divorce under Section 13(1) (ia) of the Hindu Marriage Act, 1955 has been filed by the petitioner under Sections 22, 24 read with Section 151 of the Code of Civil Procedure, 1908. The petitioner urges that the marriage of the petitioner and respondent was solemnised at Gangtok, East Sikkim; the petitioner who is the respondent in the divorce proceeding, at the time of presentation of the petition was residing in Gangtok, East Sikkim and continues to do so; the petitioner is unemployed and has no income of her own; a petition under Section 125 of the Code of Criminal Procedure, 1973 for maintenance filed by her is pending before the learned Judge, Family Court, East Sikkim at Gangtok i.e F.C. Case (Criminal) No.30 of 2020 and as the petitioner has recently delivered a stillborn baby, she has complications with her health and cannot travel the long and difficult distance between Gangtok to Gyalshing. The learned counsel representing the p

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