‘Educated Lady Working As A Journalist’: SC Dismisses Transfer Petition Filed By A Wife

Update: 2024-03-04 04:30 GMT

The Supreme Court dismissed a transfer petition filed by a wife seeking transfer of an application filed by her husband for restitution of conjugal rights after noticing that she is “an educated lady working as a Journalist.

The husband had filed an application under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights.

Justice Bela M. Trivedi and Justice Pankaj Mithal observed, “Having regard to the fact that the petitioner is an educated lady working as a Journalist, we do not find any good ground to transfer the case, as prayed for.

AOR Surabhi Guleria represented the petitioner, while Advocate Ashish Kumar Upadhyay appeared for the respondent.

During the hearing, the Court noted that the petitioner, is an educated woman working as a journalist. Based on this observation, the Court found no compelling reason to transfer the case and subsequently dismissed the petition.

The Court remarked that the “wife has filed the present petition seeking transfer of an application filed by the respondent-husband…pending before the Court of 4th Joint Civil Judge Senior Division and Addl. C.J.M., Thane to the Karkardooma Court, Delhi.

The Court gave the wife the option to appear virtually for the proceedings stating that “it is needless to say that the petitioner may appear virtually, if permitted by the concerned Court.

Accordingly, the Supreme Court dismissed the petition.

Cause Title: Brijal Mehul Shah v. Mehul Kumudbhai Shah

Appearance:

Petitioner: AOR Surabhi Guleria; Advocate Suvarna S. Ganu

Respondents: AOR Akshat Srivastava; Advocates Ashish Kumar Upadhyay, Maitri Goal, V. Kandha Prabhu, Sachin Kumar Verma, Anubhav Chaturvedi, N. B. V. Srinivasa Reddy and P. V. Yogeswaran

Click here to read/download the Order



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