JASPREET SINGH
Sarita Verma – Appellant
Versus
Aditya Kumar – Respondent
JUDGMENT :
1. Heard learned counsel for the petitioner and learned counsel for the respondents.
2. The instant application under Section 24 of Code of Civil Procedure has been moved by the petitioner seeking transfer of Case No. 818 of 2021 (Aditya Kumar Vs. Sarita Verma) filed under Section 13 Hindu Marriage Act, pending before the Court of Principal Judge, Family Court, Lakhimpur Kheri to the appropriate Court in District Lucknow.
3. Submission of learned counsel for the petitioner is that the petitioner and the respondents were married on 30.11.2016. A male child was also born from the said wedlock, however, on account of the quarrelsome nature of the respondent the relations between the petitioner and the respondent were never cordial. The petitioner was subjected to harassment as she had to leave her matrimonial home. She has also filed an application under Section 9 of Hindu Marriage Act and since the matter was referred to mediation where the petitioner had expressed her unwillingness to stay with the respondent consequently the said petition was withdrawn. The petitioner is an Assistant Teacher and is posted in District Barabanki and she is residing in Lucknow along with her p
The court has the discretion to direct the trial court to expedite the trial and ensure cooperation from both parties in family law matters.
The convenience and economic condition of the wife are crucial factors in considering the transfer of a matrimonial dispute/case, and the court should give more weightage and consideration to the con....
The Court may consider the overall circumstances and convenience of the parties in deciding the transfer of a suit under Section 24 CPC.
The central legal point established in the judgment is the importance of considering the convenience of female litigants and avoiding putting them under undue hardship when deciding on the transfer o....
The main legal point established in the judgment is the importance of considering the wife's place of residence and circumstances in transfer petitions for matrimonial cases, with a focus on safeguar....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.