Supreme Court - Daily Orders
Deeksha Sharma vs Himanshu Grover on 12 December, 2023
Author: Hima Kohli
Bench: Hima Kohli
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 2852 OF 2023
DEEKSHA SHARMA PETITIONER
VERSUS
HIMANSHU GROVER 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 restitution of conjugal rights filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955 bearing HMA No.1034 of 2022, titled “Himanshu Grover Vs. Deeksha Sharma” pending before the Principal Judge, Gurugram, Haryana, to the Principal Judge, Family Courts, Dehradun, Uttarakhand.
2. As per the office report dated 11 th December, 2023, service of notice is complete on the respondent-husband. Despite the same, the respondent-husband is unrepresented.
3. Having heard learned counsel for the petitioner-wife and on examining the grounds taken in the transfer petition, we direct transfer of HMA No.1034 of 2022, titled “Himanshu Grover Vs. Deeksha Sharma” pending before the Principal Judge, Gurugram, Haryana, to the Principal Judge, Family Courts, Dehradun, Uttarakhand. Signature Not Verified Digitally signed by POOJA SHARMA 4. Date: 2023.12.23 12:59:52 IST The records of the case be transferred forthwith to the transferee Court. Reason:
5. Further, liberty is granted to the respondent-husband to move an appropriate 1 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 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.
7. Pending application stands disposed of.
........…………………...…........J. (HIMA KOHLI) ........…………………...…........J. (AHSANUDDIN AMANULLAH) NEW DELHI;
DECEMBER 12, 2023
PS
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ITEM NO.4 COURT NO.12 SECTION IV-B
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. 2852/2023
DEEKSHA SHARMA PETITIONER
VERSUS
HIMANSHU GROVER RESPONDENT
(FOR ADMISSION and IA No.218807/2023-EX-PARTE STAY ) Date : 12-12-2023 This petition was called on for hearing today. CORAM :
HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Ms. Smita Amratlal Vora, AOR Mr. Anuj Jain, Adv.
Mr. T. Gopal, Adv.
Mr. B.P. Singh, Adv.
Mr. Ratish Kumar Sharma, Adv. Mr. Vimalpani S.C.V, Adv. Mr. Sarang Surendar Chowdhry, Adv. Mr. Shivam Surendar Chowdhry, Adv. Mr. Shashank Surendar Chowdhry, Adv. Mr. Saravanan A, 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, which is placed on the file.
(POOJA SHARMA) (NAND KISHOR)
COURT MASTER (SH) COURT MASTER (NSH)
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