DOLLY RANI [PETITIONER(s)] Vs. MANISH KUMAR CHANCHAL [RESPONDENT(s)]
TRANSFER PETITION (C) NO(S). 2043/2023
(2JB, B.V. NAGARATHNA and AUGUSTINE GEORGE MASIH JJ.)
Facts: The present transfer petition is filed under Section 25 of the Code of Civil Procedure, 1908 (for short, “CPC”) by the petitioner-wife seeking the following reliefs:
- “To transfer the divorce petition under Section 13(l)(ia) of the Hindu Marriage Act, 1955 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; and
- Pass such other and further orders and/ or directions as deemed just and proper by this Hon’ble Court in the facts and circumstances of the case.”
Issue: Whether the present transfer petition is maintainable in the case or not?
Arguments on behalf of counsel for petitioner:
Learned counsel for the petitioner submitted that the respondent has filed a Matrimonial Case No.82/2023 under Section 13(1)(ia) of the Act seeking a decree of divorce as against the petitioner herein whereas there being no marriage between the parties in the eyes of the law, the respondent could not have sought for by the said decree.
Arguments on behalf of counsel for respondent:
Learned counsel for the respondent also submitted that indeed there was no marriage in accordance with Section 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.
Held: The court disposed off the present petition and held that, “In the circumstances, we declare that the ‘marriage’ dated 07.07.2021 between the parties is not a ‘Hindu marriage’ having regard to the provisions of Section 7 of the Act. Consequently, the certificate issued by the Vadik Jankalyan Samiti (Regd.) dated 07.07.2021 is declared null and void. In view of the above the Certificate issued under the Uttar Pradesh Registration Rules, 2017 dated 07.07.2021 is also declared null and void. In view of the aforesaid declaration, it is further declared that the petitioner and the respondent were not married in accordance with the provisions of the Act and therefore, they have never acquired the status of husband and wife.”
