Supreme Court - Daily Orders
Aishwarya Pratiksh Rastogi vs Pratiksh Avnindra Rastogi on 12 December, 2024
Author: Hrishikesh Roy
Bench: Hrishikesh Roy
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 1294 OF 2024
AISHWARYA PRATIKSH RASTOGI PETITIONER(S)
VERSUS
PRATIKSH AVNINDRA RASTOGI RESPONDENT(S)
O R D E R
1. Heard Mr. Siddharth R. Gupta, learned counsel appearing for the petitioner (wife). Also heard Mr. Shikhar Khare, learned counsel appearing for the respondent (husband).
2. The petitioner with the 1½ year old daughter is residing with her widowed mother at Jabalpur. The complaint filed by her under Section 498-A IPC and other penal provisions against the respondent, are also pending in Jabalpur. A petition for maintenance under Section 125 Cr.P.C. is also pending against the respondent.
3. On the other hand, Mr. Shikhar Khare, learned counsel submits that the respondent is willing to bear the expenses for the petitioner and the daughter to travel to Nashik, where he has filed the divorce case. It is then submitted that the petitioner can also appear through virtual conferencing.
4. Having weighed the rival submission, we allow the transfer petition. The Marriage Petition No. A-699 of 2023 titled “Pratiksh Avnindra Rastogi v. Aishwarya Pratiksh Rastogi”, pending before the Signature Not Verified Family Court, Nashik is directed to be transferred to the Family Digitally signed by NITIN TALREJA Date: 2024.12.20 09:43:02 IST Reason: Court, Jabalpur, Madhya Pradesh.
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5. Records of the case would be immediately transferred to the transferee court.
6. The parties are directed to appear, either in person or through an authorized representative before the transferee court. The Court will facilitate the appearance of the respondent through virtual mode on those dates, when his personal presence may not be essential. However, in case there is non-appearance, court notice would be issued to the defaulting party.
7. The transferee court would decide the matter expeditiously.
8. Pending application(s), if any, shall stand closed.
..........................J. (HRISHIKESH ROY) ..........................J. (S.V.N. BHATTI) NEW DELHI;
DECEMBER 12, 2024.
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ITEM NO.4 COURT NO.4 SECTION IX
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). 1294/2024
AISHWARYA PRATIKSH RASTOGI Petitioner(s)
VERSUS
PRATIKSH AVNINDRA RASTOGI Respondent(s)
(IA No. 110004/2024 - EXEMPTION FROM FILING O.T. IA No. 110001/2024 - STAY APPLICATION) Date : 12-12-2024 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. Siddharth R. Gupta, Adv.
Mr. Mrigank Prabhakar, AOR Mr. Sunita Gupta, Adv.
Mr. Shantanu Sharma, Adv.
Mr. Aman Agarwal, Adv.
Mr. Siddharth sahu, Adv.
For Respondent(s) Mr. Shikhar Khare, Adv.
Mr. Srinivasan Ramaswamy, 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. Pending application(s), if any, shall stands closed.
(NITIN TALREJA) (MAMTA RANI) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)
(Signed order is placed on the file) 3