Supreme Court - Daily Orders
Shilpa Jethani vs Gaurav Parwani on 20 January, 2023
Bench: Surya Kant, J.K. Maheshwari
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (C)No.2107 of 2022
SHILPA JETHANI PETITIONER
VERSUS
GAURAV PARWANI RESPONDENT
O R D E R
1. The petitioner-wife seeks transfer of M.C.No.361/2022, titled as “Mr. Gaurav Parwani Vs. Mrs. Shilpa Jethani”, filed by the respondent-husband under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, for dissolution of marriage by a decree of divorce, which is pending before the Court of Family Judge, Bengaluru, Karnataka. The petitioner-wife seeks transfer thereof to the Court of Principal Judge, Family Court, Jaipur, Rajasthan.
2. As per Office Report dated 18.01.2023, service is complete on the respondent – husband but no one has entered appearance on his behalf so far.
3. Heard learned counsel for the petitioner and carefully perused the material placed on record.
4. The petitioner-wife has sought transfer of the case mainly on the ground of her inability to travel from Jaipur, Signature Not Verified Rajasthan Digitally signed by satish kumar yadav Date: 2023.01.24 to Bengaluru, Karnataka, which is at a distance of 16:35:58 IST Reason:
approximately 2000 kms, to attend the proceedings of the case filed by the respondent-husband.2
5. Taking into consideration the hardships which are likely to be faced by the petitioner-wife in contesting the case at Bengaluru, Karnataka, we deem it appropriate to allow the instant petition.
6. The Transfer Petition is, accordingly, allowed and M.C.No.361/2022, titled as “Mr. Gaurav Parwani Vs. Mrs. Shilpa Jethani”, filed by the respondent-husband under Section 13(1)(i-a) of the Hindu Marriage Act, 1955, for dissolution of marriage by a decree of divorce, which is pending before the Court of Family Judge, Bengaluru, Karnataka is ordered to be transferred to the Court of Principal Judge, Family Court, Jaipur, Rajasthan. The records be forwarded to the Transferee Court forthwith.
7. As a result, pending interlocutory application also stands disposed of.
.........................J. (SURYA KANT) ..............…….........J. (J.K. MAHESHWARI) NEW DELHI;
JANUARY 20, 2023.
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ITEM NO.3 COURT NO.9 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).2107/2022 SHILPA JETHANI Petitioner(s) VERSUS GAURAV PARWANI Respondent(s) IA No.139987/2022 - EX-PARTE STAY Date : 20-01-2023 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE J.K. MAHESHWARI For Petitioner(s) Mr. Prakash Kumar Singh, AOR Ms. Pooja Singh, Adv.
Mr. Ashish Negi, Adv.
Ms. Purnima Jauhari, Adv.
For Respondent(s) None 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, pending interlocutory application also stands disposed of.
(SATISH KUMAR YADAV) (PREETHI T.C.) DEPUTY REGISTRAR COURT MASTER (NSH) (Signed order is placed on the file)