Supreme Court - Daily Orders
Durgeshwari Sharma vs Rishabh Mishra on 14 December, 2022
Bench: S. Abdul Nazeer, Hima Kohli
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 2933 OF 2019
DURGESHWARI SHARMA Petitioner(s)
VERSUS
RISHABH MISHRA Respondent(s)
O R D E R
1. The present petition has been filed by the petitioner–wife seeking transfer of Petition No.709 of 2018 filed by the respondent–husband titled "Rishabh Mishra v. Durgeshwari Sharma", pending before the Principal Judge, Family Court, District-Jaunpur, Uttar Pradesh to the competent Family Court, District-Katni, Madhya Pradesh.
2. Having heard the learned counsel for the parties, we are of the opinion that interest of justice requires that the petition should be allowed.
3. Accordingly, Petition No.709 of 2018 titled "Rishabh Mishra v. Durgeshwari Sharma", pending before the Principal Judge, Family Court, District-Jaunpur, Uttar Pradesh is ordered to be transfrred to the Family Court, District-Katni, Madhya Pradesh for hearing and disposal in Signature Not Verified Digitally signed by Anita Malhotra Date: 2022.12.17 accordance with law.
11:25:30 ISTReason: 1
4. Records shall be sent by Court where proceedings are pending to the transferee Court promptly.
5. The transfer petition is, accordingly allowed.
6. On receipt of the case records, the transferee Court shall explore the possibility of a mediated settlement between the parties before proceeding with the merits of the matter.
.......................J. [S.ABDUL NAZEER] ......................J. [HIMA KOHLI] New Delhi;
December 14, 2022.
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ITEM NO.2 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). 2933/2019
DURGESHWARI SHARMA Petitioner(s)
VERSUS
RISHABH MISHRA Respondent(s)
(FOR ADMISSION and IA No.189877/2019-EX-PARTE STAY and IA No.189872/2019-EXEMPTION FROM FILING O.T.) Date : 14-12-2022 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE S. ABDUL NAZEER HON'BLE MS. JUSTICE HIMA KOHLI For Petitioner(s) Mr. Sanjay Singh,Adv.
Mr. Rajeev Singh, AOR For Respondent(s) Mr. Manoj K. Mishra, AOR Mr. Umesh Dubey,Adv.
Mr. Lav Mishra,Adv.
Ms. Kiran Pandey,Adv.
Mr. Alok Pandey,Adv.
Mr. Sudhir S.Rawat,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 applications also stand disposed of.
(ANITA MALHOTRA) (KAMLESH RAWAT)
AR-CUM-PS COURT MASTER
(Signed order is placed on the file.) 3