Supreme Court - Daily Orders
Bhavna Bhatia vs Ankit Nagpal on 14 February, 2022
Author: Hima Kohli
Bench: Hima Kohli
1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION(s)(CIVIL) NO. 1387 OF 2019
BHAVNA BHATIA Petitioner(s)
VERSUS
ANKIT NAGPAL Respondent(s)
O R D E R
1. The present petition has been filed by the petitioner- wife seeking transfer of a divorce petition filed by the respondent-husband bearing Matrimonial Case HMA Petition No. 215 of 2019, titled as “ Ankit Nagpal Versus Bhavna Bhatia” under Section 13(1)(i)(i-a)(iii) of the Hindu Marriage Act 1955 from the Court of the Principal Judge, Family Court, Tis Hazari District Courts, New Delhi to the Court of Principal Judge, Family Court Dehradun (Uttarakhand).
2. Learned counsel for the respondent-husband opposes the Transfer Petition on the plea that the petitioner-wife is actually residing and working for gain at Gurugram.
3. Signature Not Verified Learned counsel for the petitioner-wife disputes the said Digitally signed by DEEPAK SINGH submission and states that the petitioner has filed two other Date: 2022.02.19 12:40:20 IST Reason:
petitions i.e. Section 125 of Cr.P.C for claiming maintenance and under Section 9 of the Hindu Marriage Act, 1955 for 2 restitution of conjugal rights where the respondent-husband has been regularly appearing. He also draws the attention of this Court to the averments made by the respondent-husband himself in para 7 of the divorce petition where the place of residence of the petitioner-wife has been mentioned as “Dehradun, Uttarakhand”.
4. In view of the aforesaid averments made by the respondent-husband himself in the Divorce Petition and having regard to the submissions made by the petitioner that he is financially dependent on her parents and is residing with them at Dehradun, it is deemed appropriate to allow the present petition.
5. The records of the Divorce Petition filed by the respondent-husband bearing Matrimonial Case HMA Petition No. 215 of 2019, titled as “ Ankit Nagpal Versus Bhavna Bhatia” pending before the Court of the Principal Judge, Family Court, Tis Hazari District Courts, New Delhi be remitted forthwith to the Court of Principal Judge, Family Court Dehradun (Uttarakhand) for further proceedings to be conducted there.
4. Petition is disposed of along with the pending application(s), if any.
...................J. (HIMA KOHLI) New Delhi 14th February, 2022 3 ITEM NO.1607 Court 16 (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). 1387/2019 BHAVNA BHATIA Petitioner(s) VERSUS ANKIT NAGPAL Respondent(s) IA No. 106390/2020 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 106470/2019 - STAY APPLICATION) Date : 14-02-2022 These matters were called for hearing today. CORAM :
HON'BLE MS. JUSTICE HIMA KOHLI For Petitioner(s) Mr. Saurabh Trivedi, AOR Mr. Subas Ray, Adv.
For Respondent(s) Mr. Abhishek Kamal, Adv.
Ms. Aprajita Mukherjee, AOR UPON hearing the counsel the Court made the following O R D E R The Transfer Petition is disposed of alongwith the pending application(s), if any, in terms of the signed order.
(NISHA KHULBEY) (PRETHI T.C.) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
(The signed order is placed in the file)