Supreme Court - Daily Orders
Divya Agarwal vs Puneet Gupta on 22 September, 2023
Author: Dipankar Datta
Bench: Dipankar Datta
ITEM NO.1603 COURT NO.5 SECTION XIV
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). 2333-2334/2023
DIVYA AGARWAL Petitioner(s)
VERSUS
PUNEET GUPTA Respondent(s)
(FOR ADMISSION and IA No.182673/2023-STAY APPLICATION )
Date : 22-09-2023 These petitions were called on for hearing today.
CORAM : HON'BLE MR. JUSTICE DIPANKAR DATTA
For Petitioner(s) Mr. Aneesh Mittal, AOR
Mrs. Sonia Abrol, Adv.
Mr. Makardhvaj Yadav, Adv.
Ms. Komal Mittal, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
1. By presenting this petition (T.P. No.2333 of 2023) under Section 25 of the Code of Civil Procedure, 1908, the petitioner-wife seeks transfer of divorce proceedings instituted by the respondent-husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955 being HMA No. 3172 of 2022, titled “Puneet Gupta vs. Divya Agarwal”, from the court of the Principal Judge, Family Court, West Tis Hazari Courts, Delhi to the Family Court of competent jurisdiction at Lucknow, Uttar Pradesh, on the grounds urged therein.
2. By presenting this petition (T.P. No. No. 2334 of 2023) under Section 25 of the Code of Civil Procedure, 1908, the petitioner-wife seeks transfer of guardianship case instituted by the respondent-husband under Sections 7, 9, Signature Not Verified Digitally signed by Rajni Mukhi 10, 11, 12 of the Guardians and Wards Act, 1890 being Guardianship Case No. 5 Date: 2023.09.25 19:10:34 IST Reason: of 2023, titled as “Puneet Gupta vs. Divya Agarwal ”, from the court of the Page 1of 2 Additional Principal Judge, Family Court, Gurugram to the Family Court of competent jurisdiction at Lucknow, Uttar Pradesh, on the grounds urged therein.
3. Having considered an earlier order dated 14.08.2023 passed by this Court whereby two civil suits instituted by the respondent-husband were transferred to the court of competent jurisdiction at Lucknow on an approach being made by the petitioner-wife, this Court is prima facie satisfied that notice ought to be issued to the respondent-husband.
4. Issue notice in both the transfer petitions, returnable in six weeks.
5. Until further orders, further proceedings in HMA No. 3172 of 2022 and Guardianship Case No. 5 of 2023 shall remain stayed.
(KAPIL TANDON) (VEENA RANI NAGPAL)
COURT MASTER (SH) COURT MASTER (NSH)
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