ARZU JAYESH UPADHYAY v. JAY VINOD KUMAR JOSHI

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

1. The petitioner-wife seeks transfer of Family Suit No.169/2023

titled “Jay Vinod Kumar Joshi v. Arzu Jayesh Upadhyay”, filed by

the respondent-husband under Sections 13(1)(i-a) and (i-b) of the

Hindu Marriage Act, 1955. The above-stated case is pending before

the Family Court, Gandhinagar, Gujarat and the petitioner prays for

it to be transferred to the Family Court, Kalyan, Maharashtra.

2. The marriage between the parties was solemnized on 21.11.2016.

They have been blessed with two children, aged approximately 5

years and 6 years, respectively. Both children are under the care

and custody of the petitioner-wife. The parties started litigating

in 2021 on account of marital discord. Most of their cases are

stated to be pending in the Courts at Kalyan, Maharashtra.

Furthermore, mediation between the parties has unfortunately been

unsuccessful. In such circumstances, it is unreasonable to expect

the petitioner-wife to frequently leave her young children at home,

in someone else’s care, and travel more than 530 kms to defend

herself in the divorce petition filed by the respondent-husband.

3. Considering the facts and circumstances, the instant Transfer

Petition is allowed. Consequently, Family Suit No.169/2023 pending

before the Famil...