Supreme Court - Daily Orders
Jayshree Jitendra Jain vs Jitendra Prakash Jain on 12 September, 2022
Author: Surya Kant
Bench: Surya Kant
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITON(C)No.309 OF 2021
JAYSHREE JITENDRA JAIN … PETITIONER
Versus
JITENDRA PRAKASH JAIN … RESPONDENT
O R D E R
1. The petitioner – wife seeks transfer of Petition No.A-
2471 of 2018, titled as “Mr. Jitendra Prakash Jain vs. Mrs.
Jayshree Jitendra Jain,”, filed by the respondent – husband under
Section 9 of the Hindu Marriage Act, 1955, which is pending before
Family Court No.3, Mumbai at Bandra. The petitioner – wife seeks
transfer of the aforestated case to the Principal Judge, Family
Court, Bengaluru, Karnataka.
2. The marriage between the parties was solemnized on
07.12.2008 and the two daughters born out of the said wedlock, aged
7 years and 11 years, are in petitioner’s custody.
3. Notice to the respondent – husband was issued on
12.03.2021 and as per the Office Report, notice has been delivered
to him but no one has entered appearance on his behalf so far.
4. It appears that the petitioner – wife has already filed a
Signature Not Verified
Digitally signed by
petition under Sections 13(i)(a) and 25 of the Hindu Marriage Act,
VISHAL ANAND
Date: 2022.09.14
18:26:14 IST
Reason:
1955, which is pending before the Principal Family Judge, Family
Court at Bengaluru.
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5. In this view of the matter, the Transfer petition is
allowed and Petition No.A-2471 of 2018, titled as “Mr. Jitendra
Prakash Jain vs. Mrs. Jayshree Jitendra Jain”, pending before
Family Court No.3, Mumbai at Bandra is ordered to be transferred to
the Principal Judge, Family Court, Bengaluru, Karnataka. The
records be forwarded to the Transferee Court forthwith.
6. As a sequel to the above, pending interlocutory
application also stands disposed of.
.........................J.
(SURYA KANT)
..............…….........J.
(J.B. PARDIWALA)
NEW DELHI;
SEPTEMBER 12, 2022.
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ITEM NO.57 COURT NO.14 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).309/2021
JAYSHREE JITENDRA JAIN Petitioner(s)
VERSUS
JITENDRA PRAKASH JAIN Respondent(s)
(FOR ADMISSION and IA No.25046/2021-EX-PARTE STAY
IA No.25046/2021 - EX-PARTE STAY)
Date : 12-09-2022 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SURYA KANT
HON'BLE MR. JUSTICE J.B. PARDIWALA
For Petitioner(s) Mr. Abhigya Kushwah, Adv.
Ms. Sunita Yadav, Adv.
Mr. Niraj Shah, Adv.
Ms. Payal Murarka Chauhan, Adv.
Mr. Siddharth Rajkumar Murarka, AOR
Mr. Shrey Shah, Adv.
For Respondent(s) None
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. The records be forwarded to the Transferee Court forthwith.
3. As a sequel to the above, pending interlocutory application also stands disposed of.
(SATISH KUMAR YADAV) (PREETHI T.C.) DEPUTY REGISTRAR COURT MASTER (NSH) (Signed order is placed on the file)