SAPNA NEGI Vs. CHAMAN SINGH

JUDGEMENT

(1.) The Petitioner-wife is seeking for transfer of the proceedings in HMA No.428 of 2023 titled "Sh. Chaman Singh Vs. Smt. Sapna Negi and another" pending before the court of the Principal Judge, Family Courts, Roorkee, Uttarakhand to the Family Court, Patiala House Courts, New Delhi.

(2.) We have heard the arguments of Shri Gaurav Prakash Pathak appearing for petitioner and Shri Nagarkatti Kartik Uday appearing for respondents. The marriage between the petitioner and respondent came to be solemnised on 12/5/2013 and a daughter, Ms. xxx was born on 18/5/2016.

(3.) The respondent-husband filed a petition under Sec. 13(1)(i-a) of the Hindu Marriage Act, 1955 for grant of decree of divorce alleging that petitioner had breached the trust and she was already in relationship with the second respondent and despite advice given to her to return to the matrimonial home, she has continued to neglect the family and had failed to discharge her marital obligations. It is also alleged that petitioner-wife having secured a job as a teacher in July, 2022, had completely neglected Respondent-husband. Whereas petitioner-wife contended that on account of the first respondent-husband having neglected the petitioner and her daughter and having failed to take care of them, she was left with no other option but to return to her parental home and she has been residing there from 2019.