Supreme Court - Daily Orders
Neetu vs Bhavesh Ajitkumar Motiani on 15 February, 2021
Author: Hrishikesh Roy
Bench: Hrishikesh Roy
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Transfer Petition (Civil) No. 113/2020
NEETU PETITIONER
VERSUS
BHAVESH AJITKUMAR MOTIANI RESPONDENT
O R D E R
Heard Mr. Lakshay Manchanda, learned counsel appearing for the petitioner (wife) and also heard Mr. P. K. Sinha, learned counsel appearing for the respondent (husband).
The petition is filed for transfer of the case for Restitution of Conjugal Rights filed by the respondent, pending in the Family Court at Ahmedabad to a competent court at Amloh, Punjab.
This Court had referred the parties to Mediation but the process proved to be unsuccessful.
It appears that the petitioner has filed a criminal case alleging dowry demand and harassment before the police authorities at Amloh but the said proceedings were stayed at the instance of the respondent, who moved the Punjab & Haryana High Court.
Learned counsel for the respondent submits that the petitioner is a well educated lady and she will have no Signature Not Verified Digitally signed by RASHI GUPTA Date: 2021.02.16 difficulty 17:28:18 IST Reason: in defending the Restitution case in the Ahmedabad Court. However, counsel for the petitioner submits that the petitioner, with her minor daughter, is 2 residing at Amloh and she will not be able to effectively defend the proceedings at Ahmedabad.
Having regard to the above and the fact that the respondent is working as an Assistant Director in a central ministry and is in more advantageous position, I deem it appropriate to allow this Transfer Petition.
Accordingly, the Family Suit No.1548/2018 titled as “Shri Bhavesh Ajitkumar Motiani v. Smt. Neetu”, pending in the Family Court, Ahmedabad is transferred to the Court of Additional Civil Judge, Senior Division, Amloh District Fatehgarh Sahib, Punjab.
.........................J. [HRISHIKESH ROY] NEW DELHI;
FEBRUARY 15, 2021.
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ITEM NO.10 Court 16 (Video Conferencing) 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). 113/2020
NEETU Petitioner(s)
VERSUS
BHAVESH AJITKUMAR MOTIANI Respondent(s)
(FOR ADMISSION and IA No.11667/2020-EX-PARTE STAY ***MEDIATION REPORT RECEIVED IA No. 11667/2020 - EX-PARTE STAY IA No. 80312/2020 - EXEMPTION FROM FILING O.T.) Date : 15-02-2021 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE HRISHIKESH ROY For petitioner(s) Mr. Lakshay Manchanda, Adv.
Mr. Nitish Banka, Adv Mr. Ameet Siingh, Adv Ms. Pareena Swarup, Adv Mr. Satish Kumar, Adv Mr. Raghvendra Shukla, Adv Mr. Praveen Swarup, AOR For Respondent(s) Mr. Anoop Kr. Srivastav, AOR Mr. P. K. Sinha, Adv.
Mr. Umesh Chandra Srivastava, Adv. Mr. Shisir Saxena, Adv.
Mr. Vipin Kumar Saxena, 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 application(s), if any, stands disposed of.
(RASHI GUPTA) (ANITA RANI AHUJA) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR [SIGNED ORDER IS PLACED ON THE FILE]