Supreme Court - Daily Orders
Preety Vaid vs Anand Vaid on 24 October, 2019
Bench: D.Y. Chandrachud, Ashok Bhushan
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Transfer Petition (Civil) No 827 of 2019
Preety Vaid ... Petitioner(s)
Versus
Anand Vaid and Anr ... Respondent(s)
ORDER
This transfer petition has been filed by the petitioner – wife for transfer of HMA Petition No 562266 of 2016 (Old No 13 of 2016) titled “Anand Vaid Vs Preety Vaid and Anr” from the Court of the Principal Family Judge, Rohini District Court, New Delhi to the Family Court, Sambalpur, Odisha.
Learned counsel appearing on behalf of the first respondent has opposed the Transfer Petition on the ground that the divorce petition is pending since 2016, all the witnesses are available in Delhi and there is an ongoing strike for nearly one year in the Family Court at Sambalpur where the transfer has been sought. Learned counsel stated that the respondent is willing to pay the expenses of the petitioner to undertake the journey to and from Delhi on all dates of hearing.
Learned counsel appearing on behalf of the petitioner submits that the petitioner would have no objection if the proceedings are transferred to Bhubaneswar in the alternative.
Signature Not VerifiedDigitally signed by SANJAY KUMAR Date: 2019.10.26 13:17:18 IST
Having heard learned counsel for the parties, it would be Reason: appropriate to accede to the suggestion of the learned counsel for the first respondent by directing the respondent to pay the expenses towards the 2 travel to and stay of the petitioner in New Delhi, together with a companion, on all dates of hearing before the Family Court. On the request of learned counsel for the petitioner, we quantify the expenses at Rupees Twenty Thousand per hearing which shall be paid over to the petitioner at the time of the appearance of the petitioner before the Family Court at Rohini Courts, New Delhi.
We request the Family Court to take up the maintenance application as well as the petition for divorce expeditiously. The divorce proceedings shall be disposed of within a period of one year from the receipt of a certified copy of this order. The maintenance application should be disposed of within a period of six months from the date of a certified copy of this order.
The petitioner would be at liberty to apply to the Family Court for reimbursement of the expenses incurred by the petitioner on previous visits.
The parties assured the Court that they will cooperate with the Trial Court and shall not seek unnecessary adjournments.
In view of the above, the Transfer Petition is disposed of.
…………...…...….......………………........J. [Dr Dhananjaya Y Chandrachud] …..…..…....…........……………….…........J. [Ashok Bhushan] New Delhi;
October 24, 2019
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ITEM NO.23 COURT NO.9 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). 827/2019
PREETY VAID Petitioner(s)
VERSUS
ANAND VAID & ANR. Respondent(s)
(WITH IA No. 65241/2019 - STAY APPLICATION) Date : 24-10-2019 These matters were called on for hearing today. CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD HON'BLE MR. JUSTICE ASHOK BHUSHAN For Petitioner(s) Ms. Praveena Gautam, AOR Mr. Pawan Shukla, Adv.
Mr. Raja Ram, Adv.
Ms. Sweety Pandey, Adv.
For Respondent(s) Mr. B. S. Banthia, AOR Mr. Sachin Daga, Adv.
Mr. Rajesh Kandari, Adv.
UPON hearing the counsel the Court made the following O R D E R The Transfer Petition is disposed of in terms of the signed order.
Pending application, if any, stands disposed of.
(SANJAY KUMAR-I) (INDU KUMARI POKHRIYAL)
AR-CUM-PS ASSISTANT REGISTRAR
(Signed order is placed on the file)