PRIYANKA KUMARI v. ASHISH DECOSTA

IN THE SUPREME COURT OF INDIA

Nobody appears on behalf of the petitioner-wife.

2. We have heard the learned counsel for the respondent-husband,

who has also filed a counter affidavit.

3. The Petitioner-wife has filed this Transfer Petition seeking

transfer of the proceedings bearing RCS-HM No.1205 of 2023, titled

“Ashish Decosta v. Priyanka Kumari”, pending before the Court of

1st learned Additional Principal Judge, Family Court, Bhopal,

Madhya Pradesh to the Family Court, Prayagraj, Uttar Pradesh.

4. Learned counsel for the respondent-husband submits that as

the petitioner-wife has deserted the respondent, he has filed a

petition for Restitution of Conjugal Rights under Section 9 of the

Hindu Marriage Act, 1955 (for short, the “Act”). It was his

contention that upon filing of the said case, the petitioner-wife

has filed a petition under Section 24 of the Act in which,

maintenance has been granted to her, which the respondent-husband

is paying. It was contended that if at all, the petitioner-wife

has any genuine issue in appearing before the Court concerned, she

can always appear in the Court proceedings through virtual mode.

5. At this juncture, whe...