Supreme Court - Daily Orders
Shweta (Sh Bharat Kumar Uppal) Uppal vs Nitin Shyamsunder Arora on 26 February, 2024
Bench: J.K. Maheshwari, Sanjay Karol
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 219 OF 2023
SHWETA
(SH BHARAT KUMAR UPPAL) UPPAL Petitioner(s)
VERSUS
NITIN SHYAMSUNDER ARORA Respondent(s)
ORDER
The petitioner (wife) has filed this transfer petition seeking transfer of Petition No.A3070 of 2022 titled as Nitin Shyamsunder Arora v. Shweta (Sh. Bharat Kumar Uppal) Uppal filed by the respondent(husband) seeking divorce under Section 13(1)(ia)(ib) and alternatively annulment under Section 12(1)(a) of the Hindu Marriage Act, 1955, from the Court of Principal Judge, Family Court, Mumbai at Bandra, Maharashtra, to Family Court at Ghaziabad, Uttar Pradesh.
Vide order dated 16.08.2023 passed by this Court, the parties were referred for mediation before the Supreme Court Signature Not Verified Digitally signed by Nidhi Ahuja Date: 2024.02.29 11:04:37 IST Mediation Centre to mediate the issues and for settlement Reason: between the parties. As per the report dated 30.01.2024 1 TRANSFER PETITION (CIVIL) NO. 219 OF 2023 received from the Supreme Court Mediation Centre, mediation remained unsuccessful.
We have heard learned counsel appearing for the parties and perused the record. On perusal thereof, it reveals that initially the petitioner was working through hybrid mode but as per the averments made, in particular para 4 of the rejoinder affidavit, it is clear that she is staying at her parental home at Ghaziabad and is no longer working anywhere. The said averment has not been refuted by the respondent by filing an affidavit, except by making oral submissions.
After hearing learned counsel for the parties, in our considered opinion, looking to the distance and the averments made in the rejoinder affidavit, it is a fit case wherein the prayer seeking transfer as prayed for may be granted. Accordingly, Petition No.A3070 of 2022 titled as Nitin Shyamsunder Arora v. Shweta (Sh. Bharat Kumar Uppal) Uppal filed by the respondent(husband) seeking divorce under Section 13(1)(ia)(ib) and alternatively annulment under Section 12(1)(a) of the Hindu Marriage Act, 1955, pending before the Court of Principal Judge, Family Court, Mumbai at Bandra, Maharashtra, is ordered to be transferred to Family Court at 2 TRANSFER PETITION (CIVIL) NO. 219 OF 2023 Ghaziabad, Uttar Pradesh.
Needless to observe that the transferee Court may allow the presence of the respondent(husband) on virtual platform without insisting for his presence on every date until required necessarily.
Let the records of the case be transferred to the transferee Court without delay and an intimation be sent to both the Courts through email for compliance.
The transfer petition is, accordingly, allowed. Pending application(s), if any, shall stand disposed of.
………………………………………………., J.
[ J.K. MAHESHWARI ] ………………………………………………., J.
[ SANJAY KAROL ] New Delhi;
February 26, 2024.
3 TRANSFER PETITION (CIVIL) NO. 219 OF 2023 ITEM NO.1 COURT NO.9 SECTION IX 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. 219/2023 SHWETA (SH BHARAT KUMAR UPPAL) UPPAL Petitioner(s) VERSUS NITIN SHYAMSUNDER ARORA Respondent(s) (Mediation Report Received) (IA No. 17717/2023 - EX-PARTE STAY) Date : 26-02-2024 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE SANJAY KAROL For Petitioner(s) Ms. Puja Dewan, AOR Mr. Uday Seth, Adv.
For Respondent(s) Mr. Hemant Sharma, Adv. Mr. Jay Kishor Singh, AOR Ms. Aakanksha Tiwari, Adv. Mr. Rahul Tiwari, Adv.
Mr. Ashutosh Bansal, Adv.
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.
Pending application(s), if any, shall stand disposed of.
(NIDHI AHUJA) (VIRENDER SINGH)
AR-cum-PS BRANCH OFFICER
[Signed order is placed on the file.] 4