Supreme Court - Daily Orders
Bhanupriya Akash Parwani vs Akash Ghanshyam Parwani on 19 July, 2023
Bench: Hima Kohli, Rajesh Bindal
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.1052/2023
BHANUPRIYA AKASH PARWANI Petitioner(s)
VERSUS
AKASH GHANSHYAM PARWANI Respondent(s)
O R D E R
1. The petitioner-wife has filed the present petition under Section 25 of the Code of Civil Procedure, 1908 read with Order XLI of the Supreme Court Rules, 2013 read with Article 139A(2) of the Constitution of India seeking transfer of a petition for divorce filed by the respondent-husband under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 bearing Petition No. A/36/2022 titled “Akash Ghanshyam Parwani vs. Smt. Bhanupriya Akash Parwani” pending before the Family Court Judge, Amravati Maharashtra to a court of competent jurisdiction at Balaghat, Madhya Pradesh.
2. Though service of notice is complete, no one has filed power of attorney on behalf of the respondent-husband. Even today, the respondent-husband remains unrepresented.
3. Having heard learned counsel for the petitioner and on examining the grounds taken in the transfer petition, we Signature Not Verified Digitally signed by direct transfer of Petition No. A/36/2022 titled “Akash POOJA SHARMA Date: 2023.07.24 17:52:15 IST Reason: Ghanshyam Parwani vs. Smt. Bhanupriya Akash Parwani” pending before the Family Court Judge, Amravati Maharashtra to a court of competent jurisdiction at Balaghat, Madhya Pradesh.
4. The record of the case be transferred immediately to the Transferee Court.
5. Further, liberty is granted to the respondent-husband to move an appropriate application before the Transferee Court for permission to participate in the proceedings virtually. If such a request is made, the Transferee Court may grant such permission and direct the personal presence of the respondent-husband only when it is absolutely necessary. Further, if examination of outstation witnesses is required and a request is made for recording the evidence through a Court Commissioner, the Transferee Court shall consider the same and pass appropriate orders.
6. The Transfer Petition is allowed on the above terms. Pending application(s), if any, shall stand disposed of.
.................J. ( HIMA KOHLI ) .................J. ( RAJESH BINDAL ) NEW DELHI;
JULY 19, 2023.
ITEM NO.12 COURT NO.14 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). 1052/2023
BHANUPRIYA AKASH PARWANI Petitioner(s)
VERSUS
AKASH GHANSHYAM PARWANI Respondent(s)
IA No. 82154/2023 - EXEMPTION FROM FILING O.T. IA No. 82156/2023 - STAY APPLICATION) Date : 19-07-2023 These matters were called on for hearing today. CORAM :
HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Akshay Sapre, Adv.
Mr. Abhijeet Swaroop, Adv. Mr. Vinam Gupta, AOR Ms. Aneesha Rastogi, Adv.
For Respondent(s) UPON hearing the counsel the Court made the following O R D E R
1. Transfer Petition is allowed in terms of the signed order, which is placed on the file.
2. Pending application(s), if any, shall stand disposed of.
(KAVITA PAHUJA) (RAVINDER KUMAR) COURT MASTER (SH) COURT MASTER