Supreme Court - Daily Orders
Sonia Singh Gurjar vs Somandra Kumar Verma on 15 February, 2023
Bench: Dinesh Maheshwari, Sanjay Kumar
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO.1380 OF 2022
SONIA SINGH GURJAR PETITIONER(S)
VERSUS
SOMANDRA KUMAR VERMA RESPONDENT(S)
O R D E R
Having heard learned counsel for the parties and having perused the material placed on record, on the peculiar facts and circumstances of the present case and, particularly looking the question of actual place of present residence of the petitioner, without any other comment, in our view, a case for transfer of proceedings filed by the respondent-husband, being H.M. Petition No.296 of 2020, titled as ‘Somandra Kumar Verma vs. Sonia Singh Gurjar’ before the Principal Judge, Family Court, Auraiya, Uttar Pradesh, is not made out at present and, therefore, this petition is required to be dismissed.
2. However, when it is noticed from the submissions made that in the proceedings in the said H.M. Petition No. 296 of 2020 before the Principal Signature Not Verified Judge, Family Court, Auraiya, on 01.02.2021, the Digitally signed by Neetu Khajuria Date: 2023.02.16 18:39:16 IST Reason: petitioner was put ex parte because of her non- appearance after service of summons and her application seeking setting aside ex parte proceedings is pending, 2 it does appear appropriate and in the interest of justice that the proceedings in H.M. Petition No. 296 of 2020 be taken forward while affording an opportunity of contest to the present petitioner.
3. In the aforesaid view of matter, we deem it appropriate to set aside the order dated 01.02.2021. In other words, the application filed by the present petitioner for setting aside ex parte proceedings is allowed and she shall be permitted to participate in the proceedings in accordance with law.
4. In the interest of justice, it is also considered appropriate and hence provided that the petitioner may make a request for appearance in virtual mode. If such a request is made by the petitioner, the same shall be given due consideration by the Trial Court.
5. Subject to the observations and directions foregoing, this petition stands disposed of.
6. All pending applications also stand disposed of.
..................,J.
(DINESH MAHESHWARI) ..................,J.
(SANJAY KUMAR) NEW DELHI;
FEBRUARY 15, 2023.
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ITEM NO.5 COURT NO.6 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). 1380/2022 SONIA SINGH GURJAR Petitioner(s) VERSUS SOMANDRA KUMAR VERMA Respondent(s) (IA No. 86070/2022 - EXEMPTION FROM FILING O.T. AND IA No. 86069/2022
- STAY APPLICATION) Date : 15-02-2023 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE DINESH MAHESHWARI HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Dr. L.S. Chaudhary, Adv.
Dr. Ajay Chaudhary, Adv.
Mr. D.S. Chaudhary, Adv.
Mr. Viresh Chaudhary, Adv. Mr. Parambir Singh, Adv.
Mr. Vishesh Kumar, Adv.
Mr. Dinesh Kumar, Adv.
Mr. Yadav Narender Singh, AOR For Respondent(s) Mr. Piyush Sharma, AOR UPON hearing the counsel the Court made the following O R D E R Transfer petition is disposed of in terms of the signed order.
All pending applications stand disposed of.
(NEETU KHAJURIA) (RANJANA SHAILEY) ASTT. REGISTRAR-cum-PS COURT MASTER (Signed order is placed on the file.)