DOLLY RANI Vs. MANISH KUMAR CHANCHAL

JUDGEMENT

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

(2.) Thereafter on 13/3/2023, the respondent approached the Court of Principal Judge, Family Court, Muzaffarpur, Bihar by filing a petition for divorce under Sec. 13(1)(ia) of the Act in Matrimonial Case No.82/2023. Being aggrieved by this fact as the petitioner-wife is currently residing in Ranchi, Jharkhand with her parents, she filed the present transfer petition seeking to transfer the divorce petition under Sec. 13(l)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act") bearing Matrimonial Case No. 82/2023 titled "Manish Kumar v/s Doly Singh" pending before the Court of Principal Judge, Family Court, Muzaffarpur, Bihar to the Court of Principal Judge, Family Court, Ranchi Jharkhand.

(3.) Learned counsel for the respondent also submitted that indeed there was no marriage in accordance with Sec. 7 of the Act inasmuch as the requisites of a valid Hindu marriage insofar as ceremonies are concerned, were not complied with but having no other recourse, the respondent was constrained to file M.C. No.82/2023 as the "marriage" between the parties was registered before the Registrar of Marriages.