Vidhi Ramit Kapoor vs Ramit Ramesh Kapoor on 6 October, 2023

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Vidhi Ramit Kapoor vs Ramit Ramesh Kapoor on 6 October, 2023

Bench: Dipankar Datta

                                                         1



                                         IN THE SUPREME COURT OF INDIA
                                          CIVIL ORIGINAL JURISDICTION


                                   TRANSFER PETITION (CIVIL) NO. 2011 OF 2023


     VIDHI RAMIT KAPOOR                                                    PETITIONER

                               VERSUS

     RAMIT RAMESH KAPOOR                                                   RESPONDENT



                                                  ORDER

1. By presenting this petition under Section 25 of the Code of Civil Procedure, 1908, the petitioner-wife seeks transfer of divorce proceedings initiated by the respondent-husband under Section 27(1)(b)(d) of the Special Marriage Act, 1954, being Special Marriage Act (SMA) Petition No. A 2067 of 2015, titled “Ramit Ramesh Kapoor vs. Vidhi Ramit Kapoor”, from the Family Court, Mumbai, Maharashtra to the Court of Principal Judge, Family Courts, District South, Saket Courts, New Delhi, on the grounds urged therein.

2. This Court has heard learned counsel appearing for the parties and perused the materials on record. The transfer is contested mainly on the ground that the parents of the respondent-husband are likely to be witnesses on his behalf and because of their advanced age, it would be really difficult for them to go to the court at Delhi and adduce evidence. Signature Not Verified Digitally signed by

3. Neetu Khajuria Date: 2023.10.09 However, having regard to the facts that twin daughters were born 17:15:58 IST Reason:

from the wedlock of the parties who are under the care and custody of the petitioner-wife, that one of such daughters is also reported to be suffering 2 from minor effects of cerebral palsy, and that proceedings instituted by the petitioner-wife seeking maintenance are pending in Saket Courts, New Delhi, the likelihood of the petitioner-wife facing severe inconvenience in contesting the divorce proceedings in the Family Court, Mumbai cannot be ruled out. Also, it is not in dispute that the respondent-husband has been contesting the maintenance case which is pending before the Family Court in Delhi.

4. This Court is, thus, of the considered view that the petitioner-wife is entitled to relief of transfer, as prayed in this petition.

5. Accordingly, without expressing any opinion on the rival claims, it is directed that the records of Special Marriage Act (SMA) Petition No. A 2067 of 2015 shall stand transferred from the Family Court, Mumbai to the Court of the Principal Judge, Family Courts, District South, Saket Courts, New Delhi. The records be transmitted without any delay.

6. The Transferee Court is requested to dispose of the relevant petition in accordance with law subject to its convenience, as early as possible.

7. If the parents of the respondent-husband are stationed in Mumbai and are likely to face inconvenience in physically attending the proceedings before the Transferee Court due to old age or otherwise, the respondent-husband shall be at liberty to apply for permission for his parents to participate in the proceedings through the virtual mode; and if such an application is made, it is needless to observe that the Transferee Court shall consider the same reasonably. 3

8. The Transfer Petition is allowed on the afore-stated terms.

9. Pending application(s), if any, shall stand disposed of.

…………………………J. [DIPANKAR DATTA] NEW DELHI;

OCTOBER 06, 2023.

ITEM NO.1612                 COURT NO.5                   SECTION IX

                S U P R E M E C O U R T O F         I N D I A
                        RECORD OF PROCEEDINGS

          Transfer Petition(s)(Civil)      No(s).   2011/2023

VIDHI RAMIT KAPOOR                                       Petitioner(s)

                                  VERSUS

 RAMIT RAMESH KAPOOR                                     Respondent(s)

(FOR ADMISSION and IA No.156785/2023-EX-PARTE STAY ) Date : 06-10-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPANKAR DATTA For Petitioner(s) Mr. Ravinder Kumar Yadav, AOR Mr. D S Kohli, Adv.

Mr. Vinay Mohan Sharma, Adv.

Mrs. Arti Anupriya, Adv.

Mr. Vineet Yadav, Adv.

Mr. Kartikey, Adv.

Mr. Paras Juneja, Adv.

Mr. Amir Yadav, Adv.

Mr. Vinayak Sharma, Adv.

For Respondent(s) Ms. Monica Goel, Adv.

Mr. Vikalp Mudgal, AOR Mr. Gaurav Sewalia, Adv.

Mr. Yash Nagpal, Adv.

UPON hearing the counsel the Court made the following O R D E R The Transfer Petition is allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of.

(POOJA SHARMA)                                 (RAVINDER KUMAR)
COURT MASTER (SH)                             COURT MASTER (NSH)
                (Signed order is placed on the file)

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