ABHISHEK KUMAR CHANDAN Vs. NIVEDITA NISHCHAL

JUDGEMENT

(1.) With consent of the parties, the appeal is heard finally.

(2.) This appeal under Sec. 19(1) of the Family Courts Act, 1984 has been filed against judgment and decree dtd. 8/6/2016 passed by the Family Court in M.C.No.1335/2015 by which the petition filed by the appellant under Sec. 13(1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') has been dismissed.

(3.) Admittedly, the appellant is resident of Bangalore whereas respondent is the resident of Patna in the State of Bihar. The appellant had filed a petition under Sec. 13 of the Act before the III Addl. Prl. Judge, Family Court, Bangalore on or about 20/3/2015. It is also not in dispute that the respondent / wife on receipt of notice of the proceeding, filed transfer petition namely TP (Civil) No.1590/2015 in which the Hon'ble Supreme Court passed the following interim order on 26/10/2015: