Supreme Court - Daily Orders
Riddhima Deshpande vs Saurabh Beedkar on 11 December, 2023
Author: Hima Kohli
Bench: Hima Kohli
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 2147 OF 2023
DR.(SMT.) RIDDHIMA DESHPANDE PETITIONER
VERSUS
DR. SAURABH BEEDKAR 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 for restitution of conjugal rights filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955, bearing No. RCS 34/25/2023, titled “Dr. Saurabh Beedkar Vs. Dr. Riddhima Deshpande” pending before the Principal Judge, Family Court, Bhopal, Madhya Pradesh to the Family Court - 3, Nagpur, Maharashtra.
2. We have heard learned counsel for the parties and perused the record.
3. Having regard to the grounds taken in the transfer petition, we direct transfer of the petition bearing No. RCS 34/25/2023, titled “Dr. Saurabh Beedkar Vs. Dr. Riddhima Deshpande” pending before the Principal Judge, Family Court, Bhopal, Madhya Pradesh to the Family Court - 3, Nagpur, Maharashtra.
4. The records of the case be transferred forthwith to the transferee Court.
5. Further, liberty is granted to the respondent-husband to move an appropriate Signature Not Verified Digitally signed by POOJA SHARMA Date: 2024.01.04 16:47:41 IST application before the transferee Court for permission to participate in the Reason: proceedings virtually. If such a request is made, the transferee Court may grant such 1 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.
7. Pending applications are disposed of.
.....……………………..............J. (HIMA KOHLI) .....……………………..............J. (AHSANUDDIN AMANULLAH) NEW DELHI;
DECEMBER 11, 2023
PS
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ITEM NO.59 COURT NO.12 SECTION IV-C
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. 2147/2023
DR.(SMT.)RIDDHIMA DESHPANDE PETITIONER(S)
VERSUS
DR.SAURABH BEEDKAR RESPONDENT(S)
(FOR ADMISSION and IA No.167066/2023-STAY APPLICATION and IA
No.167067/2023-EXEMPTION FROM FILING O.T. ) Date : 11-12-2023 This petition was called on for hearing today. CORAM :
HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Satyajit A Desai, Adv. Mr. Siddharth Gautam, Adv. Mr. Abhinav K. Mutyalwar, Adv. Mr. Gajanan N Tirthkar, Adv. Mr. Vijay Raj Singh Chouhan, Adv. Ms. Anagha S. Desai, AOR For Respondent(s) Ms. Anuja Pethia, AOR Mr. Noor Shergill, Adv. Mr. Shubhashish Kumar, Adv. Mr. Rishabh Nigam, Adv. Ms. Kshirja Agarwal, 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.
(POOJA SHARMA) (NAND KISHOR)
COURT MASTER (SH) COURT MASTER (NSH)
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