Supreme Court - Daily Orders
Nicky Mittal vs Aman Mittal on 12 December, 2023
Author: Hima Kohli
Bench: Hima Kohli
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 2503 OF 2023
NICKY MITTAL PETITIONER
VERSUS
DR. AMAN MITTAL 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 divorce filed by the respondent-husband under Section 13(1)(i) and (i-a) of the Hindu Marriage Act, 1955 bearing Civil Suit No. F-184A/2023 titled “Dr. Aman Mittal Vs. Nicky Mittal.” pending before the Family Court Raigarh, District Raigarh, Chhattisgarh to the Court of the presiding Judge, Family Court Bargarh, Odisha.
2. As per the office report dated 11 th December, 2023, service of notice is complete on the respondent-husband. Despite the same, the respondent-husband is unrepresented.
3. Having heard learned counsel for the petitioner-wife and on examining the grounds taken in the transfer petition, we direct transfer of the Civil Suit No. F-184A/2023 titled “Dr. Aman Mittal Vs. Nicky Mittal.” pending before the Family Court Raigarh, District Raigarh, Chhattisgarh to the Court of the presiding Judge, Family Court Signature Not Verified Digitally signed by POOJA SHARMA Date: 2023.12.23 12:59:56 IST Bargarh, Odisha.
Reason:
4. The records of the case be transferred forthwith to the transferee Court. 1
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 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.
7. Pending applications shall stand disposed of.
........…………………...…........J. (HIMA KOHLI) ........…………………...…........J. (AHSANUDDIN AMANULLAH) NEW DELHI;
DECEMBER 12, 2023
PS
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ITEM NO.2 COURT NO.12 SECTION IV-C
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. 2503/2023
NICKY MITTAL PETITIONER
VERSUS
AMAN MITTAL RESPONDENT
(IA No. 194397/2023 - EX-PARTE STAY, IA No. 194399/2023 -
EXEMPTION FROM FILING O.T.)
Date : 12-12-2023 This matter was called on for hearing today. CORAM :
HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Ms. Aswathi M.K., AOR Ms. Nishi Prabha Singh, Adv.
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, which is placed on the file.
(POOJA SHARMA) (NAND KISHOR)
COURT MASTER (SH) COURT MASTER (NSH)
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