Supreme Court - Daily Orders
Dr. Neha Sharma vs Dr. Sharad Dev on 29 November, 2023
Author: Hima Kohli
Bench: Hima Kohli
TRANSFER PETITION (CIVIL) NO.2506 OF 2023
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.2506 OF 2023
DR. NEHA SHARMA PETITIONER
VERSUS
DR. SHARAD DEV RESPONDENT
ORDER
1. The petitioner-wife has filed the present petition under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of a petition for dissolution of marriage filed by the respondent-husband under Section 13(1) of the Hindu Marriage Act, 1955 bearing HMA Petition No.62 of 2023 titled “Dr. Sharad Dev Vs. Dr. Neha Sharma” pending before the Principal Judge, Family Court, Meerut District, U.P., to the Family Court, Ambala, Haryana.
2. Mediation report dated 16th October, 2023 has been received from the Supreme Court Mediation Centre. As per the mediation report, mediation between the parties has not resulted in any settlement.
3. Having heard learned counsel for the parties and on examining the grounds taken in the transfer petition, we direct transfer of HMA Petition No.62 of 2023 titled “Dr. Sharad Dev Vs. Dr. Neha Sharma” pending before the Principal Judge, Family Signature Not Verified Court, Meerut District, U.P., to the Family Court, Ambala, Haryana. Digitally signed by GEETA AHUJA The record of the case be transferred immediately to the transferee Court.
Date: 2023.12.05
10:12:27 IST
Reason: 4.
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TRANSFER PETITION (CIVIL) NO.2506 OF 2023
5. Further, liberty is granted to the respondent-husband to move an appropriate application before the transferee Court for permission to participate in the proceedings virtually. If such a request is made, the transferee Court may grant such permission and direct the personal presence of the respondent-husband only when it is absolutely necessary. Further, if examination of the outstation witnesses is required and a request is made for recording the evidence through a Court Commissioner, the transferee Court shall consider the same and pass appropriate orders.
6. The Transfer Petition is allowed on the above terms. Pending applications, if any, are disposed of.
…………..............................J. (HIMA KOHLI) ………...................................J. (AHSANUDDIN AMANULLAH) NEW DELHI;
29th NOVEMBER, 2023 2 TRANSFER PETITION (CIVIL) NO.2506 OF 2023 ITEM NO.7 COURT NO.12 SECTION XI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS TRANSFER PETITION (CIVIL) NO. 2506/2023 DR. NEHA SHARMA Petitioner(s) VERSUS DR. SHARAD DEV Respondent(s) (IA No.155900/2023-STAY APPLICATION and IA No.155901/2023-EXEMPTION FROM FILING O.T. IA No. 155901/2023 - EXEMPTION FROM FILING O.T. IA No. 155900/2023 - STAY APPLICATION) Date : 29-11-2023 This petition was called on for hearing today. CORAM :
HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Asad Alvi, Adv.
Ms. Saba Ak Patel, Adv.
Ms. Afshan Pracha, Adv.
Ms. Uzma Afsar, Adv.
Mr. Hamid Irfan, Adv.
Mr. Milind Kumar, AOR For Respondent(s) Mr. Gaurav Dhama, Adv.
Ms. Malvika Raghavan, Adv. Mr. Sudeep Kumar, AOR 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, are stand disposed of.
(Geeta Ahuja) (Nidhi Wason)
Assistant Registrar-cum-PS Court Master (NSH)
(Signed Order is placed on the file)
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