Supreme Court - Daily Orders
Shalu vs Sunil Kumar on 18 October, 2024
Author: Sudhanshu Dhulia
Bench: Sudhanshu Dhulia
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION(S)(CIVIL) NO(S). 976/2024
SHALU PETITIONER(S)
VERSUS
SUNIL KUMAR RESPONDENT(S)
O R D E R
1. This Transfer Petition has been filed by the petitioner- wife seeking transfer of the petition bearing HMA No.1238 of 2023 titled as “Sunil Kumar vs. Shalu” filed by the respondent– husband under Section 9 of the Hindu Marriage Act, pending before the Family Court, Patiala House Court, New Delhi to the Family Court, Hisar, Haryana.
2. Heard learned counsel for the petitioner-wife, and respondent-husband, who also appeared in-person. The petitioner married the respondent in the year 2012 and thereafter due to marital discord, they have been living separately since 2016. Out of the wedlock there is a son aged 12 years old, who is presently with the mother. The respondent-husband has filed the aforesaid HMA petition for restitution of conjugal rights in Family Court, Patiala House Court, New Delhi.
3. Since, the petitioner is presently residing in Hisar, Haryana and considering the facts and circumstances of the Signature Not Verified case, we are of the view that the matter is liable to be Digitally signed by Nirmala Negi Date: 2024.10.22 18:13:38 IST Reason: transferred.
4. Accordingly, this Transfer Petition is allowed and the subject-case is hereby transferred to the Family Court, Hisar, 2 Haryana.
5. After the matter is transferred to the Family Court, Hisar, Haryana, the concerned Court will give fresh notice to all the parties by fixing a date and the aforesaid matter shall proceed before the said Court from the stage it was left at the Family Court, Patiala House Court, New Delhi.
6. Since the respondent-husband is working as Home Guard in Traffic Department, Delhi, he is permitted, on an application before the concerned Court, which may sympathetically consider it, to allow him to appear via virtual mode.
7. Moreover, considering the fact that they have a child out of the wedlock, efforts to be made through mediation for settlement again before the Court at Hisar, Haryana.
8. The records of the case be transferred to the transferee Court forthwith.
9. All pending applications stand disposed of.
...…..............J. [SUDHANSHU DHULIA] ...................J. [AHSANUDDIN AMANULLAH] New Delhi;
October 18, 2024.
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ITEM NO.1 COURT NO.15 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). 976/2024
SHALU PETITIONER(S)
VERSUS
SUNIL KUMAR RESPONDENT(S)
(IA No. 84581/2024 - EX-PARTE STAY) Date : 18-10-2024 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Prakhar Bhatnagar, Adv.
Mr. Rakesh Kumar, AOR For Respondent(s) Mr. Nitin Mishra, AOR Ms. Mitali Gupta, Adv.
Ms. Sambhavi Sharma, 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, which is placed on the file.
Pending application(s), if any, shall stand disposed of. (NIRMALA NEGI) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH)