Supreme Court - Daily Orders
Geeta Chaurasiya vs Shailesh Munibprasad Choudhary on 23 January, 2025
Author: Dipankar Datta
Bench: Dipankar Datta
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (C) NO. 2596/2024
GEETA CHAURASIYA Petitioner
VERSUS
SHAILESH MUNIBPRASAD CHOUDHARY Respondent
ORDER
1. Read the office report dated December 03, 2024.
2. Mediation report dated January 07, 2025 has been received from the Supreme Court Mediation Centre. As per the mediation report, mediation between the parties has failed to bring about any settlement.
3. The marriage between the petitioner and the respondent was solemnized on May 04, 2004. However, the parties have since drifted apart owing to differences arising by and between them.
4. The respondent has instituted proceedings under Section 13 of the Hindu Marriage Act, 1955, bearing Marriage Petition No. 211/2023 titled “Shailesh Munib Prasad Choudhary vs. Geeta Shailesh Choudhary”. It is pending before the Civil Judge (Senior Division) Thane, Maharashtra.
Signature Not Verified
5. On the multiple grounds urged in the petition, the petitioner has Digitally signed by sought for transfer of the aforesaid proceedings to the court of the JATINDER KAUR Date: 2025.01.24 16:45:26 IST Reason:
Principal Judge, Family Court, District Maharajganj, Uttar Pradesh.
6. We have heard the parties and perused the materials on record. 2 Having regard to the inconvenience the petitioner is likely to face if the proceedings were continued in the court at Thane, Maharashtra (at a distance of around 2000 kms. from her present place of residence in Uttar Pradesh), we are satisfied that interest of justice demands grant of the prayer for transfer.
7. Hence, the transfer petition is allowed. Marriage Petition No. 211/2023 titled “Shailesh Munib Prasad Choudhary vs. Geeta Shailesh Choudhary” pending before the Civil Judge (Senior Division) Thane, Maharashtra is transferred to the court of the Principal Judge, Family Court, District Maharajganj, Uttar Pradesh. Records of Marriage Petition No. 211/2023 be transferred to the transferee court immediately.
8. To avoid delay, the parties are directed to appear before the transferee court on February 21, 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 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. 3
11. Pending application(s), if any, shall also stand disposed of.
…...........................J. [DIPANKAR DATTA] …...........................J. [MANMOHAN ] New Delhi;
January 23, 2025.
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ITEM NO.3 COURT NO.15 SECTION IX
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). 2596/2024 GEETA CHAURASIYA Petitioner(s) VERSUS SHAILESH MUNIBPRASAD CHOUDHARY Respondent(s) FOR ADMISSION Date : 23-01-2025 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPANKAR DATTA HON'BLE MR. JUSTICE MANMOHAN For Petitioner(s) :Mr. Muhammad Usman Siddiqui, Adv.
Ms. Aisha Siddiqui, Adv.
Ms. Sakkeena Quidwai, Adv.
Mr. B S Randdhawa, Adv.
Mr. Jugul Kishor Gupta, AOR For Respondent(s) :Mr. Saksham Maheshwari, 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]