Supreme Court - Daily Orders
Sau. Nisha Nishant Mukhiya vs Nishant Prabhudas Mukhiya on 7 August, 2020
Author: Hrishikesh Roy
Bench: Hrishikesh Roy
1
ITEM NO.5 Court 7 (Video Conferencing) 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). 734/2020
SAU. NISHA NISHANT MUKHIYA Petitioner(s)
VERSUS
NISHANT PRABHUDAS MUKHIYA Respondent(s)
(FOR ADMISSION and IA No.62374/2020-STAY APPLICATION and IA
No.62375/2020-EXEMPTION FROM FILING O.T. and IA No.62376/2020-
EXEMPTION FROM FILING AFFIDAVIT)
Date : 07-08-2020 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE HRISHIKESH ROY
For Petitioner(s) Mr. Shishir Kumar Saxena, Adv.
Mr. R.N. Pareek, Adv.
Mr. Kanishk Chaudhary, Adv.
Mr. Praveen Swarup, AOR
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
The petitioner (wife) seeks transfer of the Divorce case filed by the respondent (husband), pending at Khamgaon, Maharashtra to a competent Court at Guna, Madhya Pradesh.
Mr. Shishir Kumar, learned counsel for the petitioner submits that the petitioner is staying in her parental house at Guna. Besides, she has claimed Maintenance and has filed a case for Restitution of Conjugal Rights at Guna. Another case was filed at Signature Not Verified Digitally signed by DEEPAK SINGH Date: 2020.08.07 Guna against the respondent and in-laws under the Domestic Violence 17:07:13 IST Reason:
Act and in all these matters, the respondent is required to participate.2
The petitioner next submits that the respondent is working as a Doctor at Khamgaon and should have no difficulty to defend the case at Guna.
In view of above, notice returnable within four weeks be issued.
In the meantime, there shall be stay of further proceedings in H.M.P. No.53/2019 titled “Nishant Prabhudas Mukhiya Vs. Sau. Nisha Nishant Mukhiya”, pending before the Court of Civil Judge, Senior Division, Khamgaon, Distt. Buldana, Maharashtra. An application for exemption from filing attested copy of affidavit is allowed in terms and of the averments made in the application.
(JATINDER KAUR) (R.S. NARAYANAN) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)