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Jyoti Malhotra vs Rakesh Malhotra on 29 March, 2023

Bench: Aniruddha Bose, Sudhanshu Dhulia

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                                         IN THE SUPREME COURT OF INDIA
                                          CIVIL ORIGINAL JURISDICTION

                                 TRANSFER PETITION(S)(CIVIL)        NO(S).    1505/2022


     JYOTI MALHOTRA                                                                 PETITIONER(S)

                                                           VERSUS

     RAKESH MALHOTRA                                                                RESPONDENT(S)



                                                      O R D E R

The present petition has been filed by the petitioner-wife seeking transfer of H.M.A. No.1176 of 2021 titled “Rakesh Malhotra vs. Jyoti Malhotra” (subject-case) pending in the Court of Principal Judge, Family Court, Gautam buddh Nagar, Uttar Pradesh to the Court of Principal Judge, Family Court, Faridabad, Haryana.

Heard learned counsel for the petitioner and the respondent. On considering the hardship being faced by the petitioner and on her submission that there are three other proceedings primarily relating to the matrimonial disputes between the parties pending in different Courts in Faridabad, Haryana, we allow this petition and direct transfer of the subject-case to the Court asked for by the petitioner.

The records of the said proceeding shall be sent to the transferee Court and the Principal Judge, Family Court, Faridabad, Signature Not Verified Digitally signed by Haryana shall proceed in the matter from the stage at which the NIRMALA NEGI Date: 2023.04.05 16:52:09 IST Reason: matter is transferred to it.

Pending application(s), if any, shall stand disposed of. There shall be no order as to costs.

...................J. [ANIRUDDHA BOSE] ...................J. [SUDHANSHU DHULIA] New Delhi;

March 29, 2023.

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ITEM NO.4                COURT NO.11                      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).    1505/2022

JYOTI MALHOTRA                                             PETITIONER(S)

                                  VERSUS

RAKESH MALHOTRA                                            RESPONDENT(S)

( IA No. 94873/2022 - EX-PARTE          STAY   &     IA   No.   94875/2022   -
EXEMPTION FROM FILING O.T.)

Date : 29-03-2023 This matter was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE SUDHANSHU DHULIA For Petitioner(s) Mr. Kamlesh Kumar Maurya, Adv.

Ms. Priya Maurya, Adv.

Mr. D P Singh Yadav, Adv.

Mr. Dharam Pal Saini, Adv. Ms. Aneeta Yadav, Adv.

Mr. Sanjeev Malhotra, AOR For Respondent(s) Mr. Vikas Verma, Adv.

Ms. Sapna Verma, Adv.

Mr. Shafik Ahmed, Adv.

Mr. Danish Saifi, Adv.

Mr. Mayank Choudhary, Adv. Ms. Anju, Adv.

Ms. Tusha Chawla, Adv.

Mr. V. Elanchezhiyan, 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, which is placed on the file.

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

(NIRMALA NEGI)                                        (VIDYA NEGI)
COURT MASTER (SH)                                    ASSISTANT REGISTRAR