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Pooja Nahata vs Lalit Nahata on 26 August, 2019

Bench: Uday Umesh Lalit, Vineet Saran

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                                          IN THE SUPREME COURT OF INDIA

                                          CIVIL ORIGINAL JURISDICTION

                                 TRANSFER PETITION (CIVIL) NO.1056 OF 2019

     POOJA NAHATA                                                           Petitioner

                                                        VERSUS

     LALIT NAHATA                                                           Respondent




                                                  O R D E R

This transfer petition has been filed by the petitioner-wife seeking transfer of divorce petition being HMOP No.5154 of 2018 filed by the respondent-husband pending before the VII Additional Judge, Family Court at Chennai to the Family Court at Calcutta.

On 01.07.2019, notice was issued by this Court and an interim order was passed staying further proceedings of HMOP No.5154 of 2018.

We have heard learned counsel for both sides and perused the prayer for transfer of the proceedings.

Mr. Rohit Dutta, learned advocate appearing for the respondent submits that the respondent has no objection, in case the proceedings are transferred from the Family Court at Chennai to the Family Court at Calcutta.

Digitally signed by MUKESH KUMAR Date: 2019.08.29 18:31:39 IST

Considering the facts and circumstances on the record, we deem Reason: it appropriate to allow this transfer petition.  2 Consequently, the divorce petition being HMOP No.5154 of 2018, titled as “Lalit Nahata v. Pooja Nahata”, pending before the VII Additional Judge, Family Court at Chennai is transferred to the Family Court at Calcutta.

The VII Additional Judge, Family Court at Chennai is directed to transmit the entire record to the transferee court immediately. The parties are directed to appear before the transferee court on 11.09.2019 at 11.00 am.

The Registry is directed to immediately send a copy of this Order to both the Courts for compliance. This transfer petition is allowed accordingly.

.................................J. [UDAY UMESH LALIT] .................................J. [VINEET SARAN] NEW DELHI;

AUGUST 26, 2019
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ITEM NO.45                COURT NO.8                     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 (Civil) No.1056/2019 POOJA NAHATA Petitioner(s) VERSUS LALIT NAHATA Respondent(s) (FOR ADMISSION; and, IA No.79628/2019 – FOR EX-PARTE STAY) Date : 26-08-2019 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE UDAY UMESH LALIT HON'BLE MR. JUSTICE VINEET SARAN For Petitioner(s) Mr. Bijan Ghosh, Adv.

Ms. Reena Pandey, AOR Ms. Shyamali Das, Adv.

For Respondent(s) Mr. Rohit Dutta, Adv.

Ms. Tina Garg, 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(s), if any, shall stand disposed of.

     (MUKESH NASA)                              (SUMAN JAIN)
     COURT MASTER                              BRANCH OFFICER

(Signed Order is placed on the File)