Supreme Court - Daily Orders
Jainee Kimtee vs Saurabh Jain on 11 December, 2023
Bench: Surya Kant, Dipankar Datta
1
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (C)No.697 of 2023
JAINEE KIMTEE PETITIONER
VERSUS
SAURABH JAIN RESPONDENT
O R D E R
1. The petitioner-wife seeks transfer of H.M.A. Petition No.11 of 2023, titled as “Dr. Saurabh Jain vs. Dr. Jainee Kimtee”, filed by the respondent-husband under Section 13(1)(a) of the Hindu Marriage Act, 1955, for dissolution of marriage by a decree of divorce. The above-stated petition is pending before the Court of Principal Judge, Family Court, Rohini Courts, Delhi. The petitioner-wife seeks transfer thereof to the Court of Second Addl. Principal Judge, Family Court, Indore, Madhya Pradesh.
2. The parties are doctors by profession. They got married on 25.11.2021. After the marriage, the parties resided at the matrimonial house in Delhi. But soon thereafter, some differences arose and the petitioner-wife shifted to her parental home in Indore, Madhya Pradesh. There is no issue born from the wedlock.
3. The respondent-husband in his counter affidavit has pointed out that the petitioner-wife, in fact, is presently working at M/s Jawahar Lal Nehru Hospital and Research Centre, Bhilai, Signature Not Verified Digitally signed by satish kumar yadav Date: 2023.12.16 Chhattisgarh since October, 2022. Be that as it may, it is not in 13:06:59 IST Reason:
dispute that the parents of the petitioner-wife are residing in Indore, Madhya Pradesh.2
4. Keeping in view the distance between the two places, it appears to us that the petitioner-wife will not be able to defend herself properly in case the proceedings are allowed to continue in Delhi. Learned counsel for the respondent-husband, however, submits that the respondent-husband has an apprehension of his implication in criminal cases at Indore, Madhya Pradesh. We see no basis for such an apprehension.
5. Taking into consideration the totality of the facts and circumstances but without expressing any views on the merits of the case, the Transfer Petition is allowed and H.M.A. Petition No.11 of 2023, titled as “Dr. Saurabh Jain vs. Dr. Jainee Kimtee”, filed by the respondent-husband under Section 13(1)(a) of the Hindu Marriage Act, 1955, for dissolution of marriage by a decree of divorce, which is pending before the Court of Principal Judge, Family Court, Rohini Courts, Delhi is ordered to be transferred to the Court of Second Addl. Principal Judge, Family Court, Indore, Madhya Pradesh. The records be forwarded to the transferee court forthwith.
6. It is, however, directed that no fresh FIR shall be registered against the respondent-husband or his family members at the instance of the petitioner-wife or her family members without prior permission of the Second Addl.Principal Judge-cum-Family Court at Indore, Madhya Pradesh.
7. Before proceeding with the case on merits, the transferee Court shall make an endeavour to amicably settle the dispute between the parties through mediation.
8. We direct the transferee court to permit the respondent – husband to appear through Video Conferencing, except on such dates 3 when his presence is mandatorily required.
9. As a result, the pending interlocutory applications also stand disposed of.
.........................J. (SURYA KANT) ..............…….........J. (DIPANKAR DATTA) NEW DELHI;
DECEMBER 11, 2023.
4
ITEM NO.6 COURT NO.5 SECTION XIV
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).697/2023 JAINEE KIMTEE Petitioner(s) VERSUS SAURABH JAIN Respondent(s) (Mediation Report dated 24-11-2023 received. IA No.56506/2023 - EX-PARTE STAY IA No.56507/2023 - EXEMPTION FROM FILING O.T.) Date : 11-12-2023 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE DIPANKAR DATTA For Petitioner(s) Mr. Anirudh Sanganeria, AOR Mr. Bikram Singh Patel, Adv.
For Respondent(s) Mr. Vikram Aggarwal, Adv.
Mr. Rameshwar Prasad Goyal, 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. The records be forwarded to the Transferee Court forthwith.
As a result, the pending interlocutory applications also stand disposed of.
(SATISH KUMAR YADAV) (PREETHI T.C.)
DEPUTY REGISTRAR COURT MASTER (NSH)
(Signed order is placed on the file)