RINKU BAHETI Vs. SANDESH SHARDA

JUDGEMENT

(1.) This transfer petition has been filed by the petitioner-wife under Sec. 25 of the Code of Civil Procedure, 1908 (for short "CPC"), seeking the following reliefs:

(2.) The question for consideration before us is not just whether the petitioner is entitled to the aforesaid relief, but also whether this Court, upon the application filed by the respondent-husband, can exercise its powers under Article 142(1) of the Constitution of India to grant a decree of divorce to the parties herein on the ground of irretrievable breakdown of marriage. If yes, then on what terms. In the above backdrop, we have heard the application in the first instance.

(3.) Briefly stated, the facts of the case as narrated in the application filed by the respondent/applicant are that the petitioner-wife and the respondent-husband got married on 31/7/2021 as per Hindu rites and rituals at Pune. It was a second marriage for both the parties. The respondent had obtained a decree of divorce from his first wife on 9/11/2020. The said marriage had subsisted for almost two decades and he has two children from his first marriage. The respondent is a citizen of the United States of America (USA) and is engaged in the business of Information Technology consultancy services in USA. The petitioner is a post-graduate who has a degree in Finance and further has studied Naturopathy and Yogic Sciences. The parties met through a matrimonial portal in May 2020 and decided to tie the knot after a few months.