Supreme Court - Daily Orders
Preeti Saxena vs Vipin Kumar Saxena on 14 March, 2024
Author: Hima Kohli
Bench: Hima Kohli
TRANSFER PETITION (CIVIL) NO. 2069 OF 2023
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 2069 OF 2023
PREETI SAXENA PETITIONER
VERSUS
VIPIN KUMAR SAXENA 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 dissolution of marriage filed by the respondent-husband under Section 13 of the Hindu Marriage Act, 1955 bearing Divorce Petition No.1038 of 2023 titled “Vipin Kumar Saxena Vs. Preeti Saxena” pending before the Principal Judge, Family Court, Bareilly, Uttar Pradesh to the Principal Judge, Family Court, Dehradun, Uttarakhand.
2. Mediation Report dated 04th March, 2024 has been received from the Supreme Court Mediation Centre. As per the Mediation Report, mediation between the parties has not resulted into any settlement. As a result, the matter is being taken up on merits.
3. We have heard learned counsel for the parties and perused the record.
4. Having regards to the grounds taken in the transfer petition, we direct transfer of Divorce Petition No.1038 of 2023 titled “Vipin Kumar Saxena Vs. Preeti Saxena” pending Signature Not Verified Digitally signed by geeta ahuja before the Principal Judge, Family Court, Bareilly, Uttar Pradesh to the Principal Judge, Date: 2024.03.19 18:44:39 IST Reason: Family Court, Dehradun, Uttarakhand.
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5. The record of the case be transferred immediately to the transferee Court.
6. 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 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.
7. The Transfer Petition is allowed on the above terms. Pending applications are disposed of.
………………..............................J. ( HIMA KOHLI ) ……………...................................J. ( AHSANUDDIN AMANULLAH ) NEW DELHI;
14th MARCH, 2024 GA 2 TRANSFER PETITION (CIVIL) NO. 2069 OF 2023 ITEM NO.2 COURT NO.11 SECTION XI 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. 2069/2023 Preeti Saxena Petitioner(S) Versus Vipin Kumar Saxena Respondent(S) (IA No. 161662/2023 - EX-PARTE STAY IA No. 161663/2023 - EXEMPTION FROM FILING O.T.) Date : 14-03-2024 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. Gaurav Teotia, Adv.
Dr. Nitin Sharma, Adv.
Mr. Abhinav Kumar Garg, Adv. Mr. Satyendra Kumar, AOR For Respondent(s) Mr. Akshay Srivastava, Adv.
Mr. Dhruv Joshi, Adv.
Mr. Shreshth Nanda, Adv.
Mr. Rajesh Kumar, Adv.
Mr. Gaurav Goel, 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 applications are disposed of.
(Geeta Ahuja) (Nand Kishor)
Assistant Registrar-cum-PS Court Master (NSH)
(Signed Order is placed on the file)
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