Supreme Court - Daily Orders
Vineeta @ Sudha vs Pancham Singh @ Ankit on 27 February, 2025
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (C)No. 55 of 2025
VINEETA @ SUDHA PETITIONER
VERSUS
PANCHAM SINGH @ ANKIT RESPONDENT
O R D E R
1. The petitioner-wife seeks transfer of HMA being Petition No. 342/2024, titled as “Pancham Singh @ Ankit vs. Vineeta @ Sudha”, filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights, which is pending before the Court of Mainpuri, Uttar Pradesh. The petitioner-wife seeks transfer thereof to the Family Court, Sri Ganganagar, Rajasthan.
2. As per the Office Report, service is complete on the respondent – husband but no one has entered appearance on his behalf so far.
3. Signature Not Verified Heard learned counsel for the petitioner and carefully Digitally signed by SATISH KUMAR YADAV Date: 2025.02.28 19:00:53 IST perused the material placed on record.
Reason:
4. The petitioner-wife has sought transfer of the case mainly on the grounds of financial difficulty and her inability to 2 travel from Sri Ganganagar, Rajasthan to Mainpuri, Uttar Pradesh, which is at a distance of about 711 kilometers, to attend the proceedings of the case filed by the respondent-husband.
5. Taking into consideration the hardships which are likely to be faced by the petitioner-wife in contesting the case at Mainpuri, Uttar Pradesh coupled with the fact that a case under Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), filed by the petitioner-wife against the respondent-husband for maintenance; a case under Section 12 of the Protection of Women from Domestic Violence Act, 2005 against the respondent-husband and a case under Sections 294 and 79 of the BNSS against the respondent-husband are already pending consideration before the Court of Suratgrah, District Sri Ganganagar, Rajasthan, we deem it appropriate to allow the instant petition. Besides the above- mentioned cases, the petitioner-wife has also lodged FIR No. 328/2024 against the respondent and his family members under Sections 498A, 504, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act before the P.S. Kishani, Mainpuri, Uttar Pradesh.
6. The Transfer Petition is, accordingly, allowed and HMA being Petition No. 342/2024, titled as “Pancham Singh @ Ankit vs. Vineeta @ Sudha”, filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights, which is pending before the Court of Mainpuri, Uttar Pradesh is ordered to be transferred to the Family Court, Sri Ganganagar, Rajasthan. The records be forwarded to the Transferee Court forthwith.
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7. As a result, the pending interlocutory application also stands disposed of.
............….............J. (K.V. VISWANATHAN) ..............……......……...J. (NONGMEIKAPAM KOTISWAR SINGH) NEW DELHI;
FEBRUARY 27, 2025.
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ITEM NO.6 COURT NO.3 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(s)(Civil) No(s).55/2025 VINEETA @ SUDHA Petitioner(s) VERSUS PANCHAM SINGH @ ANKIT Respondent(s) (IA No. 5324/2025 - STAY APPLICATION) Date : 27-02-2025 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE K.V. VISWANATHAN HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH For Petitioner(s) Mr. H. D. Thanvi, Adv.
Mr. Nikhil Kumar Singh, Adv.
Mr. Achal Singh Bule, Adv.
Mr. Rishi Matoliya, AOR For Respondent(s) 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. The records be forwarded to the Transferee Court forthwith.
As a result, the pending interlocutory application also stands disposed of.
(SATISH KUMAR YADAV) (VINOD KUMAR)
ADDITIONAL REGISTRAR COURT MASTER(NSH)
(Signed order is placed on the file)