SHRADDHA SHUKLA Vs. GAURAV AWASTHI

JUDGEMENT

(1.) Heard Shri Vinayak Mithal, learned counsel for the applicant and Shri Sushil Kumar Tiwari, learned counsel for the opposite party.

(2.) This transfer application has been filed by the wife of the opposite party to transfer the Divorce Petition No. 490 of 2018 (Gaurav Awasthi Vs. Shraddha Shukla) filed under Section 13 of the Hindu Marriage Act pending before the Principal Judge, Family Court, Fatehpur to District Court at Gautam Budh Nagar, Greater Noida.

(3.) It paragraph no. 4 of the affidavit, it has been stated that the applicant along with the respondent are permanent residents of Noida where they have been cohabiting since the year 2015 in their Matrimonial House No. 607, Tower- 6, Paras Season, Sector- 168, Greater Noida- 201301 (UP). In paragraph no. 5 it has been stated that the marriage of the applicant and the respondent was solemnized in Kanpur and thereafter the applicant and the respondent came to Pandav Nagar, New Delhi and after the allotment of their own apartment, they have been shifted to House No. 607, Tower- 6, Paras Season, Sector- 168, Greater Noida- 201301 (UP). It has further been stated in that paragraph that since then, they have been residing at that permanent address. In paragraph no. 15 it has been stated that the divorce petition has been filed in Fatehpur which place has no nexus to the present matrimonial home of the applicant and the respondent which is situated at the Noida and it has been further stated that the divorce petition has been filed by the respondent only with an ulterior motive to harass the applicant who is solely dependent for her livelihood on her job at Ghaziabad.