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Supreme Court - Daily Orders

Dr. Roopal Agarwal vs Rahul Agarwal on 2 September, 2022

Bench: Aniruddha Bose, Vikram Nath

                                                              1

                                       IN THE SUPREME COURT OF INDIA
                                        CIVIL ORIGINAL JURISDICTION

                              TRANSFER PETITION(S)(CIVIL) NO(S). 257/2021


     DR. ROOPAL AGARWAL                                                              PETITIONER(S)

                                                                  VERSUS

     RAHUL AGARWAL                                                                   RESPONDENT(S)


                                                    O R D E R

The present petition has been filed by the petitioner- wife seeking transfer of further proceedings in Petition No.1909 of 2020 titled as “Rahul Agarwal vs. Dr.Roopal Agarwal” pending before the Court of District Judge, Alipore, Kolkata to the Family Court of Jabalpur, Madhya Pradesh.

Heard learned counsel appearing for the petitioner and the respondent.

We are apprised that the mediation, which was to be taken place in terms of the directions of this Court issued on 07.02.2022 could not take place because the respondent-husband failed to deposit the sum of Rs.50,000/- (Rupees Fifty Thousand only) towards travelling and other expenses of the petitioner-wife.

Signature Not Verified Having gone through the petition, we are satisfied that Digitally signed by POOJA SHARMA interest of justice would be served if the case registered as Date: 2022.09.08 19:13:14 IST Reason: Petition No.1909 of 2020 titled as “Rahul Agarwal vs. 2 Dr.Roopal Agarwal” pending before the Court of District Judge, Alipore, Kolkata is transferred to the Family Court of Jabalpur, Madhya Pradesh. We order accordingly. The records of the said proceeding shall be sent to the transferee Court and the Family Court at Jabalpur, Madhya Pradesh shall proceed in the matter from the stage at which the matter is at present pending before the Court in Alipore, Kolkata.

The Transfer Petition stands allowed accordingly. Pending applications, if any, shall stand disposed of.

...................J. [ ANIRUDDHA BOSE] ...................J. [ VIKRAM NATH] New Delhi;

September 02, 2022.

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ITEM NO.39                     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(S)(CIVIL)        NO(S).    257/2021

DR. ROOPAL AGARWAL                                           PETITIONER(S)

                                      VERSUS

RAHUL AGARWAL                                                RESPONDENT(S)

(***Mediation report dated 11.04.2022 has been received. IA No. 21546/2021 - STAY APPLICATION) Date : 02-09-2022 This matter was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE VIKRAM NATH For Petitioner(s) Mr. Harmeet Singh Ruprah, AOR Mr. Puneet Kumar Arya, Adv. Mr. Shivam Pundhir, Adv.
For Respondent(s) Mr. Pashupathi Nath Razdan, AOR Mr. Prakhar Srivastav, Adv. Mr. Varun, Adv.
Mr. Astik Gupta, Adv.
UPON hearing the counsel the Court made the following O R D E R The Transfer Petition stands allowed in terms of the signed order.
Pending application(s), if any, shall stand disposed of.
(NIRMALA NEGI)                                (VIDYA NEGI)
COURT MASTER (SH)                           ASSISTANT REGISTRAR
(Signed order is placed on the file)