Ruchi Agarwal vs Rahul Gupta on 8 February, 2024

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Supreme Court - Daily Orders

Ruchi Agarwal vs Rahul Gupta on 8 February, 2024

Bench: Surya Kant

                                          IN THE SUPREME COURT OF INDIA
                                           CIVIL ORIGINAL JURISDICTION


                                 TRANSFER PETITION (CIVIL) NO.2380 OF 2023


                      RUCHI AGARWAL                                                PETITIONER(S)



                                                          VERSUS



                      RAHUL GUPTA                                                  RESPONDENT(S)


                                                     O R D E R

1. This transfer petition, filed at the instance of the petitioner-wife, seeks transfer of Case No.1236A of 2021 (HMA), titled “Rahul Gupta vs. Ruchi Agarwal”, instituted by the respondent-husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955, which is pending before the Court of Principal Judge, Family Court, Gwalior, M.P. The petitioner-wife has sought transfer of the above case to the competent Family Court at Agra, U.P.

2. It is averred in the transfer petition that marriage between the parties was solemnized on 20.04.2018. It was a second marriage for both of them. Unfortunately, their second marriage also seems to have failed, as the petitioner-wife was allegedly sent back to her parents house on 06.07.2018 when the demands of dowry could not be met with. Several other allegations have been made by the Signature Not Verified Digitally signed by ARJUN BISHT Date: 2024.02.14 17:17:37 IST Reason: petitioner-wife, which need not be gone into in these transfer proceedings.

3. As per the office report, the respondent-husband is duly served, but he has not entered appearance either in- person or through counsel.

4. Taking into consideration the fact that the petitioner-wife does not have any independent source of livelihood and she apprehends danger to her life, if she goes to Gwalior to attend the cases, we deem it appropriate to allow the instant petition.

5. The Transfer Petition is, accordingly, allowed and Case No.1236A of 2021 (HMA), titled “Rahul Gupta vs. Ruchi Agarwal”, pending before the Court of Principal Judge, Family Court, Gwalior, M.P. is ordered to be transferred to the competent Family Court at Agra, U.P. The records be forwarded to the Transferee Court forthwith.

...................J. (SURYA KANT) ...................J. (K.V. VISWANATHAN) New Delhi;

February 08, 2024




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ITEM NO.5                COURT NO.4                 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(s)(Civil) No(s).2380/2023 RUCHI AGARWAL Petitioner(s) VERSUS RAHUL GUPTA Respondent(s) (IA No. 186285/2023 - EXEMPTION FROM FILING O.T., IA No.186284/2023

- STAY APPLICATION) Date : 08-02-2024 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE K.V. VISWANATHAN For Petitioner(s) Ms. Celeste Agarwal, AOR Mr. Mohan Babu Agarwal, Adv.

Mr. Sidharth Joshi, Adv.

Mrs. Akansha Agarwal, Adv.

For Respondent(s) UPON hearing the counsel the Court made the following O R D E R

1. The transfer petition is allowed in terms of the signed order.

2. All pending applications, if any, stand disposed of.

(ARJUN BISHT)                                   (PREETHI T.C.)
COURT MASTER (SH)                              COURT MASTER (NSH)

(signed order is placed on the file) 3

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