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Kirti Kumari vs Gobinda Kumar Mishra on 15 May, 2023

Author: Sanjay Karol

Bench: Sanjay Karol

     ITEM NO.1606                                     COURT NO.10                          SECTION XVI-A

                                     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).        1193/2023

     KIRTI KUMARI                                                                         Petitioner(s)

                                                             VERSUS

     GOBINDA KUMAR MISHRA                                                                 Respondent(s)

     (FOR ADMISSION and IA No.92540/2023-EX-PARTE STAY and
     IA No.92542/2023-EXEMPTION FROM FILING O.T.)

     Date : 15-05-2023 This petition was called on for hearing today.

     CORAM :
                             HON'BLE MR. JUSTICE SANJAY KAROL


     For Petitioner(s)                      Mr. Rakesh Kumar, AOR

     For Respondent(s)

                         UPON hearing the counsel the Court made the following
                                              O R D E R

Heard.

The present petition has been filed by the petitioner-wife seeking transfer of HMA No.2083 of 2022 titled as “Gobinda Kumar Mishra vs. Smt. Kirti Kumari” filed under Section 13(1)(a) of the Hindu Marriage Act, 1955 as amended by the Marriage Laws (Amendment) Act, 1976 by the respondent-husband pending consideration before the Principal Judge, Family Court, District South-West Delhi, Dwarka Courts Complex, New Delhi, to the Court of the Principal Judge, Family Court at Samastipur, District Samastipur, Bihar.

Digitally signed by Jagdish Kumar Date: 2023.05.16

Learned counsel for the petitioner states that in addition to 17:01:30 IST Reason: the fact that two cases, one under Section 9 of the HMA and Criminal Complaint for taking cognizance under Section 498-A and other relevant sections are already pending before courts of Samastipur, Bihar, she is not in a position to travel a long distance for pursuing the matter before the Principal Judge, Family Court, District South-West Delhi, Dwarka Courts Complex, New Delhi. Issue notice, returnable within four weeks.

In the meanwhile, there shall be stay of further proceedings in HMA No.2083 of 2022 titled as “Gobinda Kumar Mishra vs. Smt. Kirti Kumari” pending before the Principal Judge, Family Court, District South-West Delhi, Dwarka Courts Complex, New Delhi.

   (MAHABIR SINGH)                                              (AMITA PANDEY)
ASTT. REGISTRAR-cum-PS                                        COURT MASTER (NSH)