Supreme Court - Daily Orders
Ambica Aggrawal vs Anil Kumar Aggrawal on 14 February, 2024
Author: Hima Kohli
Bench: Hima Kohli
TRANSFER PETITION (CIVIL) NO. 3156 OF 2023
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 3156 OF 2023
AMBICA AGGRAWAL PETITIONER
VERSUS
ANIL KUMAR AGGRAWAL RESPONDENT
ORDER
1. The petitioner-wife has filed the present petition under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of a petition for dissolution of marriage filed by the respondent-husband under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 bearing C.S. No.801/2021 titled “Anil Kumar Aggrawal Vs. Ambika Aggrawal” pending before the Principal Judge, Family Court, Durg, District Durg, Chhattisgarh to the Principal Family Judge, Allahabad, Uttar Pradesh.
2. Though service of notice on the respondent-husband is complete, no one has entered appearance on his behalf. Even today, the respondent-husband remains unrepresented.
3. Having heard learned counsel for the petitioner-wife and on examining the grounds taken in the transfer petition, we direct transfer of C.S. No.801/2021 titled “Anil Kumar Aggrawal Vs. Ambika Aggrawal” pending before the Principal Judge, Signature Not Verified Digitally signed by geeta ahuja Family Court, Durg, District Durg, Chhattisgarh to the Principal Family Judge, Date: 2024.02.21 09:58:31 IST Reason: Allahabad, Uttar Pradesh.
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4. The record of the case be transferred immediately to the transferee Court.
5. Further, liberty is granted to the respondent-husband to move an appropriate application before the transferee Court for permission to participate in the proceedings virtually. If such a request is made, the transferee Court may grant such permission and direct the personal presence of the respondent-husband only when it is absolutely necessary. Further, if examination of the outstation witnesses is required and a request is made for recording the evidence through a Court Commissioner, the transferee Court shall consider the same and pass appropriate orders.
6. The Transfer Petition is allowed on the above terms. Pending applications are disposed of.
………………..............................J. ( HIMA KOHLI ) ……………...................................J. ( AHSANUDDIN AMANULLAH ) NEW DELHI;
14th FEBRUARY, 2024 GA 2 TRANSFER PETITION (CIVIL) NO. 3156 OF 2023 ITEM NO.8 COURT NO.11 SECTION IV-C 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.3156/2023 AMBICA AGGRAWAL Petitioner(s) VERSUS ANIL KUMAR AGGRAWAL Respondent(s) ( IA No. 245427/2023 - EX-PARTE STAY IA No. 245428/2023 - EXEMPTION FROM FILING O.T.) Date : 14-02-2024 This petition was called on for hearing today. CORAM :
HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Prem Prakash, AOR Ms. Aishvarya, Adv.
Ms. Deepali Nanda, Adv.
Mr. Aditya Harsh, Adv.
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.
Pending applications are disposed of.
(Geeta Ahuja) (Nand Kishor)
Assistant Registrar-cum-PS Court Master (NSH)
(Signed Order is placed on the file)
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