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Supreme Court - Daily Orders

Preeti Mehta vs Col. Vikram Mehta on 16 January, 2018

Author: Chief Justice

Bench: Chief Justice, A.M. Khanwilkar, D.Y. Chandrachud

     TP(C) 365/2017
                                                           1

                                              IN THE SUPREME COURT OF INDIA

                                               CIVIL ORIGINAL JURISDICTION

                                        Transfer Petition (Civil) No. 365/2017


                         PREETI MEHTA                                        Petitioner

                                                       VERSUS

                         COL. VIKRAM MEHTA                                       Respondent

                                                     O R D E R

Heard Mr. Adarsh Upadhyay, learned counsel for the petitioner and Mr. Ashutosh Dubey, learned counsel for the respondent.

Having heard learned counsel for the parties and upon perusal of the petition and the counter affidavit, and keeping in view the fact that the respondent-husband is working as a Colonel at Akhnoor in the State of Jammu & Kashmir, we think that the Divorce Petition No. 564/2014 titled “Col. Vikram Mehta vs. Smt. Preeti Mehta”, pending before the Court of Principal Judge, Family Court, Patiala House Court, New Delhi, forming the subject matter, does not deserve to be transferred.

However, the learned Principal Judge is directed to dispose of the aforesaid case within six months. The learned Family Judge shall proceed with the case on day to Signature Not Verified Digitally signed by CHETAN KUMAR day basis, keeping in view the letter and spirit of the Date: 2018.01.17 19:02:53 IST Reason: Family Courts Act, 1984.

The factum of disposal shall be intimated to the TP(C) 365/2017 2 Registry of this Court.

Learned counsel for the parties are at liberty to make a prayer before the learned Family Judge to pre-pone the date, as the same has been fixed to 17.3.2018, and accordingly he shall pre-pone the date, so that he shall be in a position to dispose of the case within the time fixed.

The transfer petition is accordingly disposed of.

..................CJI.

[Dipak Misra] ....................J. [A.M. Khanwilkar] ....................J. [Dr. D.Y. Chandrachud] New Delhi;

January 16, 2018.

TP(C) 365/2017
                                     3

ITEM NO.13                      COURT NO.1                  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 (Civil) No. 365/2017 PREETI MEHTA Petitioner VERSUS COL. VIKRAM MEHTA Respondent (FOR EX-PARTE STAY ON IA 1/2017) Date : 16-01-2018 This matter was called on for hearing today. CORAM :

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE A.M. KHANWILKAR HON'BLE DR. JUSTICE D.Y. CHANDRACHUD For Petitioner Mr. Adarsh Upadhyay, AOR Mr. Vikas Chaudhary, Adv.
For Respondent Mr. Ashutosh Dubey, AOR Mr. Santosh Chamihaa, Adv. Mr. Rakesh Sahe, Adv.
Mr. Sushil Pandey, Adv. Mr. Rajendra, Adv.
Mr./Ms. Rajshri Dubey, Adv.
UPON hearing the counsel the Court made the following O R D E R The transfer petition is disposed of in terms of the signed order.
Pending interlocutory applications, if any, also stand disposed of.
(Deepak Guglani) (H.S. Parasher) Court Master Assistant Registrar (Signed order is placed on the file)