Supreme Court - Daily Orders
Sunita Yadav vs Ram Kumar on 15 June, 2020
Author: Hrishikesh Roy
Bench: Hrishikesh Roy
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (C.)NO.2463/2019
SUNITA YADAV Petitioner(s)
VERSUS
RAM KUMAR Respondent(s)
O R D E R
This transfer petition has been filed by the petitioner (wife) under Section 25 of C.P.C. seeking transfer of the HMA Case No. 537 of 2017 titled “Ram Kumar Versus Sunita Yadav” pending in the Court of Principal Judge, District New Delhi, Patiala House Courts, Delhi to the Family Court, Mainpuri (Uttar Pradesh).
Heard Mr. Raghavendra S. Srivatsa, learned counsel Signature Not Verified for Digitally signed by GEETA AHUJA Date: 2020.06.23 the petitioner. Also heard Mr. Rahul Kaushik, 11:57:43 IST Reason:
learned counsel for the respondent (husband). The petitioner is residing with her minor son in her 2 parental home at Mainpuri (Uttar Pradesh). She has filed criminal case at U.P. against the respondent under various sections of IPC including bigamy (stayed by the High Court). Besides the Maintenance case filed by the wife is also pending in Mainpuri, U.P. Mr. Rahul Kaushik, learned counsel for the respondent submits that the respondent is serving with Delhi police and therefore he will face difficulty in going to Mainpuri, U.P. which is 350 kms. away. Moreover, the parties should be given a chance to resolve their differences through process of Mediation.
I have considered the above submissions and perused the material on record. Considering that the petitioner is residing at Mainpuri, Uttar Pradesh and is likely to face difficulty in contesting the Divorce case filed by the husband at Delhi, I deem it appropriate to grant relief in this case.
Consequently, HMA Case No. 537 of 2017 titled “Ram Kumar Versus Sunita Yadav” pending in the Court of Principal Judge, District New Delhi, Patiala House 3 Courts, Delhi is transferred to the Family Court, Mainpuri (Uttar Pradesh).
Let the records of the case be transferred to the concerned Court without delay. However, the transferee court before proceeding to consider the Divorce Case on merit, should facilitate Mediation between the parties. It is ordered accordingly.
With the above order, the Transfer Petition is allowed.
……………………………………..J. [Hrishikesh Roy] New Delhi;
June 15, 2020.
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ITEM NO.12 Virtual Court 9 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). 2463/2019 SUNITA YADAV Petitioner(s) VERSUS RAM KUMAR Respondent(s) IA No. 146417/2019 - EX-PARTE STAY Date : 15-06-2020 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE HRISHIKESH ROY For Petitioner(s) Mr. Raghavendra S. Srivatsa, AOR For Respondent(s) Ms. Bhuvneshwari Pathak, Adv.
Mr. Rahul Kaushik, AOR 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.
Pending application, if any, stands disposed of. (JATINDER KAUR) (RAJ RANI NEGI) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR [Signed order is placed on the file]