Supreme Court - Daily Orders
Pamita vs Anoop Prakash Bhatt on 28 February, 2022
Author: Hima Kohli
Bench: Hima Kohli
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Transfer Petition(s) (Civil) No(s). 269/2022
PAMITA Petitioner(s)
VERSUS
ANOOP PRAKASH BHATT Respondent(s)
O R D E R
1. The present petition has been filed by the petitioner – wife seeking transfer of HMA Case No.1219 of 2020 filed by the respondent – husband under Section 12(1)(c) of the Hindu Marriage Act, 1955 from the Family Court, Gurugram to the Family Court, Dehradun, Uttarakhand.
2. Learned counsel for the petitioner – wife states that earlier the respondent and his mother had filed Transfer Petition (Crl.) Nos. 28-30 of 2021 before the Supreme Court seeking transfer of three criminal cases to the District Court, Dehradun, which were duly allowed vide order dated 29.11.2021 and it is only appropriate that HMA No.1219 of 2020, presently pending before the Principal Judge, Family Court, Gurugram be also transferred to the Family Court, Dehradun, Uttarakhand.
3. Learned counsel for the respondent – husband who appears on Signature Not Verified caveat opposes the present petition on the ground that no specific Digitally signed by Dr. Mukesh Nasa Date: 2022.03.04 16:46:19 IST ground has been taken in the Transfer Petition for seeking transfer Reason:
of HMA No.1219 of 2020. However, he does not deny the fact that three criminal cases filed by the respondent and his family members were transferred by this Court to the competent Courts at Dehradun at the request made by the respondent – husband and his mother. That itself is sufficient ground for this Court to allow the present petition.
4. The present petition is according allowed. It is directed that the records relating to HMA No.1219 of 2020 filed by the respondent – husband in the Court of Principal Judge, Family Court, Gurgaon shall stand remitted forthwith to the Family Court, Dehradun, Uttarakhand for the proceedings to be taken up from the point at which they were left.
5. The petition is disposed of. Pending application(s), if any, shall also stand disposed of.
6. Both the parties are directed to ensure that they appear through counsel before the concerned Court on 29th March, 2022.
New Delhi, …………………………………………..,J.
28th February, 2022 [HIMA KOHLI]
ITEM NO.1610 Court 17 (Video Conferencing) 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). 269/2022
PAMITA Petitioner(s)
VERSUS
ANOOP PRAKASH BHATT Respondent(s)
(FOR ADMISSION and IA No.19479/2022-EX-PARTE STAY ) Date : 28-02-2022 This petition was called on for hearing today. CORAM : HON'BLE MS. JUSTICE HIMA KOHLI For Petitioner(s) Mr. Raj Kishor Choudhary, AOR Mr. Abhishek Vikas, Adv.
For Respondent(s) Mr. Ganesh Sharma, Adv.
Mr. Shree Pal Singh, AOR UPON hearing the counsel the Court made the following O R D E R Transfer Petition is allowed in terms of the signed order. Pending application(s), if any, shall also stand disposed of.
(NEHA GUPTA) (PREETHI T.C.)
SENIOR PERSONAL ASSISTANT BRANCH OFFICER
(Signed Order is placed on record)