Supreme Court - Daily Orders
Shivangi Mishra vs Yuvraj Seddharth on 6 December, 2023
Author: Hima Kohli
Bench: Hima Kohli
TRANSFER PETITION (CIVIL) NO. 2301 OF 2023
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 2301 OF 2023
SHIVANGI MISHRA PETITIONER
VERSUS
YUVRAJ SEDDHARTH RESPONDENT
ORDER
1. The petitioner-wife has filed the present petition under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of a petition filed by the respondent-husband under Section 12 of the Hindu Marriage Act, 1955 bearing HMA No.1178 of 2023 titled “Yuvraj Seddharth Vs. Shivangi Mishra” pending before the Court of the Judge, Family Court, East District, Delhi to the Principal Judge, Family Court, Ahmedabad, Gujarat.
2. Having heard learned counsel for the parties and on examining the grounds taken in the transfer petition, we direct transfer of HMA No.1178 of 2023 titled “Yuvraj Seddharth Vs. Shivangi Mishra” pending before the Court of Judge, Family Court, East District, Delhi to the Principal Judge, Family Court, Ahmedabad, Gujarat.
3. The record of the case be transferred immediately to the transferee Court.
4. Further, liberty is granted to the respondent-husband to move an appropriate Signature Not Verified Digitally signed by GEETA AHUJA application before the transferee Court for permission to participate in the Date: 2023.12.13 12:06:30 IST Reason: proceedings virtually. If such a request is made, the transferee Court may grant such 1 TRANSFER PETITION (CIVIL) NO. 2301 OF 2023 permission and direct the personal presence of the respondent-husband only when it is absolutely necessary. Further, if examination of the 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.
5. The Transfer Petition is allowed on the above terms. Pending application is disposed of.
………………..............................J. ( HIMA KOHLI ) ……………...................................J. ( AHSANUDDIN AMANULLAH ) NEW DELHI;
06th DECEMBER, 2023 2 TRANSFER PETITION (CIVIL) NO. 2301 OF 2023 ITEM NO.7 COURT NO.12 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 (CIVIL) NO.2301/2023 SHIVANGI MISHRA Petitioner(s) VERSUS YUVRAJ SEDDHARTH Respondent(s) ( IA No. 179827/2023 - EX-PARTE STAY) Date : 06-12-2023 This petition was called on for hearing today. CORAM :
HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Ms. Shagufa Salim, AOR Mr. Jatin Choudhary, Adv.
For Respondent(s) Mr. Aman Preet Singh Rahi, Adv.
Mr. Mahesh Kumar, Adv.
Mr. Nikhilesh Kumar, Adv.
Mr. Aniruddha Purshotam, Adv. Ms. Devika Khanna, Adv.
Mrs. V D Khanna, Adv.
Mr. Vmz Chambers, 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 is disposed of.
(Geeta Ahuja) (Nand Kishor)
Assistant Registrar-cum-PS Court Master (NSH)
(Signed Order is placed on the file)
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