Supreme Court - Daily Orders
Pranjali Tiwari vs Mrigank Srivastava on 27 September, 2019
Bench: N.V. Ramana, Sanjiv Khanna
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (C)No.1708 OF 2018
PRANJALI TIWARI ....PETITIONER
VERSUS
MRIGANK SRIVASTAVA ....RESPONDENT
O R D E R
This is a transfer petition at the instance of the petitioner-wife seeking transfer of HMA No.244 of 2017, titled as Mrigank Srivastava vs. Pranjali Tiwari, pending adjudication before the Court of Family Judge, Udham Singh Nagar Camp at Kashipur, Uttarakhand to the Family Court, Lucknow, Uttar Pradesh.
The petitioner has sought transfer of the case mainly on the ground of her inability to travel from Lucknow to Udham Singh Nagar Camp at Kashipur, Uttarakhand, to attend the proceedings of the case filed by the respondent.
Heard learned counsel for the parties and perused the record.
In view of the hardships which will be faced by the petitioner in contesting the case at Udham Singh Nagar Camp at Kashipur, Uttarakhand, and particularly the fact that the Signature Not Verified Digitally signed by petitioner-wife SATISH KUMAR YADAV Date: 2019.10.04 17:07:26 IST has already filed Maintenance Petition under Reason: Section 125 Cr.P.C. being Case No.258 of 2015 before the Additional Principal Judge, Family Court, Lucknow and a Domestic Violence Case 2 under Section 12 of the Domestic Violence Act, 2005 being case No.364 of 2016 before the Additional Chief Judicial Magistrate- VIII, Lucknow, we deem it proper to allow the transfer petition and direct transfer of HMA No.244 of 2017, titled as Mrigank Srivastava vs. Pranjali Tiwari, pending adjudication before the Court of Family Judge, Udham Singh Nagar Camp at Kashipur, Uttarakhand to the Family Court, Lucknow, Uttar Pradesh along with all records for its adjudication. Ordered accordingly.
After transfer of the petition, the transferee Court is directed to make all endeavours either for amicable settlement or for early decision in the matter without unnecessary adjournments.
........................J. (N.V.RAMANA) .........................J. (SANJIV KHANNA) NEW DELHI;
SEPTEMBER 27, 2019.
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ITEM NO.39 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).1708/2018 PRANJALI TIWARI Petitioner(s) VERSUS MRIGANK SRIVASTAVA Respondent(s) IA No.147310/2018 - EXEMPTION FROM FILING O.T. IA No.147309/2018 - STAY APPLICATION Date : 27-09-2019 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE N.V. RAMANA HON'BLE MR. JUSTICE SANJIV KHANNA For Petitioner(s) Mr. Mukesh Verma, Adv.
Mr. Pawan Kumar Shukla, Adv. Mr. Pankaj Kumar Singh, Adv. Mr. Sanjeet Paliwal, Adv. Mr. Yash Pal Dhingra, AOR For Respondent(s) Mr. Praveen Agrawal, AOR Mr. Vijay Singh, Adv.
Ms. Urvashi Marwah, Adv. Ms. Akrity Chaturvedi, Adv. Ms. Kiran Mahato, Adv.
Mr. Sachin Pahwa, Adv.
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)