Mukta Jaiswal vs Kennedy Deswal on 26 March, 2025

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Supreme Court - Daily Orders

Mukta Jaiswal vs Kennedy Deswal on 26 March, 2025

Bench: Dipankar Datta

                                      IN THE SUPREME COURT OF INDIA
                                        CIVIL ORIGINAL JURISDICTION

                                 TRANSFER PETITION (C) No. 1424 OF 2024




     MUKTA JAISWAL                                                            Petitioner


                                                     VERSUS


     KENNEDY DESWAL                                                           Respondent



                                                     ORDER

1. Read the office report dated March 25, 2025.

2. Mediation report dated January 10, 2025 has been received from the Supreme Court Mediation Centre. As per the mediation report, the parties are not agreeable to arrive at an amicable settlement at this stage.

3. This is a petition for transfer under Section 25, Code of Civil Procedure, 1908 at the instance of the petitioner-Mukta Jaiswal.

4. The marriage between the petitioner and the respondent, Kennedy Jaiswal, was solemnized on December 07, 2022. However, the parties have since drifted apart owing to differences arising by and between them.

Signature Not Verified

Digitally signed by JATINDER KAUR Date: 2025.03.28 17:11:40 IST Reason:

5. The respondent has instituted proceedings under Section 13 of the Hindu Marriage Act, 1955, bearing HMA No. 1920 of 2023 titled 2 “Kennedy Deswal vs. Smt. Mukta Jaiswal”. It is pending before the Court of Additional Principal Judge (Additional Family Court), Gurugram, Haryana. On the multiple grounds urged in the petition, the petitioner has sought for transfer of the aforesaid proceedings to the court of the Principal Judge, Family Court, Begusarai, Bihar.

6. We have heard the parties and perused the materials on record. Having regard to the inconvenience the petitioner is likely to face if the proceedings were continued in the court at Gurugram, Haryana (at a distance of around 1200 kms. from her present place of residence at Bihar), we are satisfied that interest of justice demands grant of the prayer for transfer.

7. Hence, the transfer petition is allowed. HMA No. 1920 of 2023 titled “Kennedy Deswal vs. Smt. Mukta Jaiswal” pending before the Court of Additional Principal Judge (Additional Family Court), Gurugram, Haryana is transferred to the court of the Principal Judge, Family Court, Begusarai, Bihar. Records of HMA No. 1920 of 2023 be transferred to the transferee court immediately.

8. To avoid delay, the parties are directed to appear before the transferee court on April 30, 2025. If any or both the parties fail to appear on that day, the presiding officer of the transferee court will fix another date of appearance. Thereafter, he shall be free to proceed in accordance with law. The trial court is directed to expedite the trial as early as possible.

9. The presiding officer shall endeavour to bring about a settlement between the parties through the process of mediation, notwithstanding that mediation has failed. If the process is again unsuccessful, nothing 3 shall preclude the presiding officer to take the proceedings to its logical conclusion on its merits and in accordance with law.

10. If the respondent is unable to attend the proceedings in person on any occasion, he will be at liberty to seek permission to attend through the virtual mode and if such a permission is sought, the presiding officer of the court may proceed to consider it reasonably.

11. Pending application(s), if any, shall also stand disposed of.

.............................J. [DIPANKAR DATTA] .............................J. [MANMOHAN] New Delhi;

March 26, 2025.

ITEM NO.2                   COURT NO.14                       SECTION IV-B

                 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). 1424/2024 MUKTA JAISWAL Petitioner(s) VERSUS KENNEDY DESWAL Respondent(s) mediation report received.

IA No. 119470/2024 - EX-PARTE STAY Date : 26-03-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE MANMOHAN For Petitioner(s) :Mr. Thakur Sumit, Adv.

Mr. Arvind Gupta, AOR For Respondent(s) :Mr. Satish Dabas, Adv.

Mr. Abhaya Nath Das, Adv.

Mr. Abhay Singh, Adv.

Ms. Anjana Sharma, Adv.

Ms. Swagoti Batchas, Adv.

Mr. Om Prakash Sapra, Adv.

Mr. Shashank Rai, Adv.

Mr. Boya Kranthi Naidu, Adv.

Mr. Yogendra Kumar Verma, Adv.

Mr. Satish Kumar, AOR UPON hearing the counsel the Court made the following O R D E R

1. The transfer petition is allowed in terms of the signed order.

2. Pending application(s), if any, stand disposed of.



(JATINDER KAUR)                                    (SUDHIR KUMAR SHARMA)
P.S. to REGISTRAR                                    COURT MASTER (NSH)
                [Signed order is placed on the file]

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