Supreme Court - Daily Orders
Vidhi Chaudhary vs Mohit Chaudhary on 30 August, 2019
Bench: N.V. Ramana, Indira Banerjee, Ajay Rastogi
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (C)No.709 OF 2018
VIDHI CHAUDHARY ....PETITIONER
VERSUS
MOHIT CHAUDHARY ....RESPONDENT
O R D E R
This is a transfer petition at the instance of the petitioner-wife seeking transfer of petition bearing No.HMA/2282/2017, titled as Mohit Chaudhary vs. Vidhi Chaudhary, pending adjudication before the Additional District Judge, Amritsar, Punjab to the Family Court of the Principal Judge, Tis Hazari, New Delhi.
The petitioner has sought transfer of the case mainly on the ground of financial difficulty and her inability to travel from New Delhi to Amritsar, which is at a distance of around 500 kms, to attend the proceedings of the case filed by the respondent.
Heard learned counsel for the parties and perused the record.
In view of the hardships which will be faced by the petitioner in contesting the case at Amritsar, and taking into Signature Not Verified Digitally signed by consideration the fact that the petitioner-wife has filed a case RACHNA Date: 2019.09.05 15:59:55 IST Reason: under Section 9 of the Hindu Marriage Act bearing No.592/2016 before the Family Court, Dwarka, Delhi and has also filed a 2 complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 and an application under Section 23 for grant of interim and ex-parte order before Chief Metropolitan Magistrate, Tis Hazari Court, Delhi, we deem it proper to allow the transfer petition and direct transfer of petition bearing No.HMA/2282/2017, titled as Mohit Chaudhary vs. Vidhi Chaudhary, pending adjudication before the Additional District Judge, Amritsar, Punjab to the Family Court of the Principal Judge, Tis Hazari Court, New Delhi, along with all records for its adjudication. Ordered accordingly.
However, taking into consideration the facts and circumstances of the present case, we direct the trial court to dispose of the matter within a period of six months from the date of receipt/production of a copy of this order.
.........................J. (N.V.RAMANA) .........................J. (INDIRA BANERJEE) .........................J. (AJAY RASTOGI) NEW DELHI;
AUGUST 30, 2019.
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ITEM NO.46 COURT NO.3 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).709/2018 VIDHI CHAUDHARY Petitioner(s) VERSUS MOHIT CHAUDHARY Respondent(s) (FOR ADMISSION and IA No.62709/2018-STAY APPLICATION IA No. 62709/2018 - STAY APPLICATION) Date : 30-08-2019 These matters were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE N.V. RAMANA HON'BLE MS. JUSTICE INDIRA BANERJEE HON'BLE MR. JUSTICE AJAY RASTOGI For Petitioner(s) Mr.Swetank Shantanu, AOR Mr.Pratap Shanker, Adv.
Mr.Sanjiv Chowdhary, Adv.
Ms.Shilpi Shrivastava, Adv.
For Respondent(s) Mr.Parth Kaushik, Adv.
Mr.Abhigya, AOR Ms.Sunita Yadav, Adv.
Ms.Sonia Arora, Adv.
Mr.Pradeep Kumar Dubey, 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.
However, taking into consideration the facts and circumstances of the present case, we direct the trial court to dispose of the matter within a period of six months from the date of receipt/production of a copy of this order.
(SATISH KUMAR YADAV) (RAJ RANI NEGI)
AR-CUM-PS ASSISTANT REGISTRAR
(Signed order is placed on the file)