Supreme Court - Daily Orders
Ritu vs Arun Ojha on 11 September, 2019
Bench: N.V. Ramana, Ajay Rastogi
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (C)No.1342 OF 2018
RITU ....PETITIONER
VERSUS
ARUN OJHA ....RESPONDENT
O R D E R
This is a transfer petition at the instance of the petitioner-wife seeking transfer of HMA Petition No.62858 of 2016, titled as Arun Ojha vs. Ritu D/o Pradeep Sharma, pending adjudication before the Court of District Judge, Tis Hazari Court, Delhi, to the appropriate Court at Agra, Uttar Pradesh.
The petitioner has sought transfer of the case mainly on the ground of financial difficulty and her inability to travel from Agra, Uttar Pradesh to Delhi, which is about 233 Km away, to attend the proceedings of the case filed by the respondent.
Notice of the transfer petition has been duly served upon the respondent, but neither he nor any one else has appeared on his behalf and no counter affidavit has been filed to oppose the prayer Signature Not Verified Digitally signed by SATISH KUMAR YADAV Date: 2019.09.16 15:58:27 IST made by the petitioner.
Reason:
…………………….2/-2
In view of the hardships which will be faced by the petitioner in contesting the case at Delhi, we deem it proper to allow the transfer petition and transfer HMA Petition No.62858 of 2016, titled as Arun Ojha vs. Ritu D/o Pradeep Sharma, pending adjudication before the Court of District Judge, Tis Hazari Court, Delhi, to the District Judge, Agra, Uttar Pradesh, who may try the case himself/herself or make over the same to any other Court of competent jurisdiction. Ordered accordingly.
.........................J. (N.V.RAMANA) .........................J. (AJAY RASTOGI) NEW DELHI;
SEPTEMBER 11, 2019.
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ITEM NO.35 COURT NO.3 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).1342/2018 RITU Petitioner(s) VERSUS ARUN OJHA Respondent(s) (IA No.115013/2018-EX-PARTE STAY IA No. 115013/2018 - EX-PARTE STAY) Date : 11-09-2019 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE N.V. RAMANA HON'BLE MR. JUSTICE AJAY RASTOGI For Petitioner(s) Ms. Khushboo Vinodray Malkan, AOR Ms. Dharita P Malkan, Adv. Ms. Bhavna Sarkar, Adv.
Mr. Alok Sharma, 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.
(SATISH KUMAR YADAV) (RAJ RANI NEGI) AR-CUM-PS ASSISTANT REGISTRAR (Signed order is placed on the file)