Indian Kanoon - Search engine for Indian Law

Supreme Court - Daily Orders

Neha vs Ashish Garg on 11 July, 2023

Bench: B.V. Nagarathna, Prashant Kumar Mishra

                                       IN THE SUPREME COURT OF INDIA
                                        CIVIL ORIGINAL JURISDICTION

                                    TRANSFER PETITION (C) NO. 1111/2020

     NEHA                                                                 PETITIONER(S)

                                                   VERSUS

     ASHISH GARG                                                          RESPONDENT(S)

                                                O R D E R

This is a petition filed under Section 25 of the Code of Civil Procedure, 1908 (for short “CPC”). The petitioner is the wife of the respondent who is her husband. The petitioner has filed this transfer petition seeking the following reliefs:

“a) Allow the present petition and transfer the Divorce petition bearing No.HMP 702/2020 title as “Ashish Garg v. Smt. Neha’ filed under Section 13 of the Hindu Marriage Act, 1955 before the Ld. Principal Judge, Family Courts, Agra (U.P.) to the Ld. Principal Judge, Family Courts, Gwalior (M.P.);

b) Pass any other or further order (s) as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” We have heard learned counsel for the petitioner. Respondent is served but no one has entered appearance on behalf of the sole respondent.

Having heard learned counsel for the petitioner and on perusal of the material on record, we find that the petitioner has made out a case for transfer of the aforesaid petition.

In the result, the transfer petition is allowed and Divorce petition bearing No.HMP 702/2020 titled as “Ashish Garg v. Neha” Signature Not Verified Digitally signed by RADHA SHARMA pending before the Principal Judge, Family Courts, Agra (U.P.) is Date: 2023.07.12 14:12:56 IST Reason: ordered to be transferred to the Principal Judge, Family Courts, Gwalior (M.P.).

Registry to communicate this order to the transferor court for taking steps in accordance with this order.

Pending application(s), if any, shall stand disposed of.

.......................J. ( B.V. NAGARATHNA ) .......................J. ( PRASHANT KUMAR MISHRA ) NEW DELHI;

JULY 11, 2023
ITEM NO.4                 COURT NO.15                   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 (CIVIL) NO(S). 1111/2020 NEHA Petitioner(s) VERSUS ASHISH GARG Respondent(s) (IA No.101246/2020-STAY APPLICATION IA No. 101246/2020 - STAY APPLICATION) Date : 11-07-2023 This matter was called on for hearing today. CORAM :

HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s) Mr. N.K. Mody, Sr. Adv.

Mr. Prabhuddha Singh Gour, Adv. Mr. Sukhamrit Singh, Adv.

Ms. Ishita M. Puranik, Adv.

Mr. Suresh Kumar Bhan, Adv.

Mr. Praveen Swarup, AOR For Respondent(s) 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.

Pending application (s), if any, shall stand disposed of.

(RADHA SHARMA) (MALEKAR NAGARAJ) COURT MASTER (SH) COURT MASTER (NSH)