Neelam vs Amit Verma on 24 September, 2021

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Supreme Court - Daily Orders

Neelam vs Amit Verma on 24 September, 2021

Bench: B.V. Nagarathna

                                                            1


                                          IN THE SUPREME COURT OF INDIA
                                           CIVIL ORIGINAL JURISDICTION


                                  TRANSFER PETITION (CIVIL)           NO.    1360/2021


                         NEELAM                                                     PETITIONER(S)

                                                          VERSUS

                         AMIT VERMA                                                  RESPONDENT(S)


                                                        O R D E R

This Transfer Petition has been filed under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of Matrimonial Case (Civil) No.473/2021, titled “Amit Verma vs. Neelam” filed by the Respondent- husband under Section 13 of the Hindu Marriage Act, 1955 before the Principal Judge, Family Court, Jammu, Jammu and Kashmir, to a court of competent jurisdiction at Moga, Punjab.

I have heard learned counsel appearing for the petitioner and learned counsel for the respondent on caveat and perused the material on record.

During the course of submissions, it was brought to my notice that the petitioner herein has filed three other proceedings, namely :

Signature Not Verified

(i) Petition u/s 12,19,20,22 and 23 of the Digitally signed by Charanjeet kaur Date: 2021.09.28 13:32:53 IST Reason: Protection of Women From Domestic Violence Act, 2005 bearing COMA No.14/2021 before Judicial 2 Magistrate, 1st Class, Moga, Punjab;

(ii) A criminal complaint for offences u/s 406, 498-A, 506 read with sections 34,120-B, bearing COMI No.29/2021 before the Judicial Magistrate, 1st Class, Moga, Punjab; and

(iii) Petition for maintenance u/s 125 of the Cr.P.C. bearing MNT 125 No.27/2021 before the Principal Judge, Family Court, Moga, Punjab.

In the circumstances, the petitioner has sought for transfer of the Matrimonial Case (Civil) No.473/2021 filed by the respondent pending before the Principal Judge, Family Court, Jammu, Jammu and Kashmir, to a court of competent jurisdiction at Moga, Punjab.

Learned counsel for the petitioner submitted that since the aforesaid three proceedings are already pending adjudication at Moga, Punjab, it would be in the interest of both the parties that all the cases should be considered before the competent court at Moga, Punjab and greater hardship would be caused to the petitioner to travel all the way from Moga, Punjab to Jammu & Kashmir for the purpose of defending the matrimonial case(s).

Per contra, learned counsel appearing for the 3 respondent submitted that the aforesaid cases have been filed by the petitioner as a counter blast to the petitioner filed by the respondent seeking dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955 and therefore, the respondent could be put to a greater hardship, as he has to travel all the way from Jammu to Moga, Punjab. He further submitted that it would be difficult for him to seek leave and travel all the way to Moga, Punjab to prosecute his matrimonial case(s).

Having regard to the reasons assigned in the petition and on hearing learned counsel for the parties, I am of the view that the petitioner has made out a case for transfer of Matrimonial Case (Civil) No.473/2021, titled “Amit Verma vs. Neelam” filed by the Respondent-husband under Section 13 of the Hindu Marriage Act, 1955 pending before the Principal Judge, Family Court, Jammu, Jammu and Kashmir, to a court of aforesaid competent jurisdiction at Moga, Punjab. This is particularly so when three other proceedings are already pending before the Courts at Moga, Punjab. Ordered accordingly.

The Principal Judge, Family Court At Jammu shall forthwith transmit the record of the aforesaid case to the District Judge, Moga, Punjab, who shall assign the same to a court of competent jurisdiction.

The transfer petition is hence allowed in the 4 aforesaid terms.

Pending application(s), if any, shall stand disposed of.

....................J ( B.V. NAGARATHNA ) NEW DELHI;

 24th SEPTEMBER, 2021
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ITEM NO.41       Court 4 (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).        1360/2021

NEELAM                                                         Petitioner(s)

                                    VERSUS

AMIT VERMA                                                     Respondent(s)

( IA No.97046/2021-EX-PARTE STAY ) Date : 24-09-2021 This petition was called on for hearing today. CORAM :

HON'BLE MRS. JUSTICE B.V. NAGARATHNA For Petitioner(s) Mr. Aniket Jain, Adv.

Mr. Umang Shankar, AOR For Respondent(s) Mr.Anoop Verma, Adv.

Mr. Kundan Kumar Lal, 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 stand disposed of.




   (Geeta Ahuja)                                      (Saroj Kumari Gaur)
     Court Master                                        Court Master

(Signed Order is placed on the file)

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