Supreme Court - Daily Orders
Nikitha Ashish Aggarwal vs Ashish Rajesh Aggarwal on 1 April, 2022
Author: J.K. Maheshwari
Bench: J.K. Maheshwari
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION(s)(Civil) No(s). 1851/2021
NIKITHA ASHISH AGGARWAL Petitioner(s)
VERSUS
ASHISH RAJESH AGGARWAL & ORS. Respondent(s)
O R D E R
Heard Mr. S.N. Bhat, learned senior counsel for the petitioner and the respondent-in-person.
During hearing, it is not disputed that in February, 2020 the petitioner visited to the Bangalore and delivered the child in April, 2020.
However, at present the wife is having two years old child. Therefore, it would not be convenient for the petitioner-wife to attend the proceedings at Thane, Mumbai.
On the other hand, respondent-in-person stated across the Bar that he was beaten by the brother-in-law on the pretext that his brother-in-law is ADGP in Bangalore. No FIR to that effect has been lodged at that time and filed Signature Not Verified Digitally signed by Jatinder Kaur Date: 2022.04.06 12:31:00 IST in Court. In such circumstances, the aforesaid contention Reason:
cannot be accepted without having any proof of the 2 incident of 2020.
Considering the aforesaid and looking to the inconvenience which may cause to the petitioner-wife, the case pending in the Court of Civil Judge (Sr.Dn.), Thane, Maharashtra being Marriage Petition No. 372 of 2020 titled as “Ashish Rajesh Aggarwal vs. Nikitha Ashish Aggarwal and others”, is transferred to the Family Court, Bangalore.
The Registry is directed to send the copy of this Order to the concerned court immediately for compliance.
The Transfer Petition stands allowed accordingly. Pending applications, if any, shall stand disposed of.
...................J. [ J.K. MAHESHWARI ] New Delhi;
April 01, 2022.
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ITEM NO.1614 Court 9 (Video Conferencing) 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). 1851/2021
NIKITHA ASHISH AGGARWAL Petitioner(s)
VERSUS
ASHISH RAJESH AGGARWAL & ORS. Respondent(s)
(IA No.134338/2021-EX-PARTE STAY (IN-PERSON MATTER) IA No. 18566/2022 - APPLICATION FOR PERMISSION IA No. 23848/2022 - CLARIFICATION/DIRECTION IA No. 134338/2021 - EX-PARTE STAY IA No. 149501/2021 - PERMISSION TO APPEAR AND ARGUE IN PERSON IA No. 167093/2021 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES) Date : 01-04-2022 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE J.K. MAHESHWARI For Petitioner(s) Mr. S.N. Bhat, Sr. Adv.
Mr. D.P. Chaturvedi, Adv.
Mr. Tarun Kumar Thakur, Adv. Ms. Parvati Bhat, Adv.
Ms. Anuradha Mutatkar, AOR For Respondent(s) Mr. Ashish Rajesh Aggarwal, Respondent-in-person UPON hearing the counsel the Court made the following O R D E R The Transfer Petition stands allowed in terms of the signed order.
Pending applications, if any, shall stand disposed of.
(JATINDER KAUR) (RAM SUBHAG SINGH) SENIOR PERSONAL ASSISTANT BRANCH OFFICER [Signed order is placed on the file]