Supreme Court - Daily Orders
Poonam Sharma vs Samarth Om Prakash Sharma on 12 April, 2019
Bench: N.V. Ramana, Deepak Gupta
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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (C)No.1179 OF 2018
POONAM SHARMA ......PETITIONER
VERSUS
SAMARTH OM PRAKASH SHARMA ......RESPONDENT
O R D E R
This is a transfer petition at the instance of the petitioner-wife, seeking transfer of Family Suit No.403 of 2017, titled as Shri Samarth Omprakash Sharma vs. Smt. Poonam, pending in the Court of Principal Judge, Family Court, Rajkot, Gujarat, to the Court of the Family Judge at Haridwar, Uttarakhand.
The petitioner has sought transfer of the case mainly on the ground of financial difficulty and her inability to travel about 1350 Km. from Haridwar, Uttarakhand to Rajkot, Gujarat, leaving behind her small twin children, to attend the proceedings of the case filed by the respondent.
Although learned counsel for the respondent has opposed the prayer for transfer of the case, keeping in view the hardships Signature Not Verified Digitally signed by SATISH KUMAR YADAV Date: 2019.04.15 17:15:15 IST which will be faced by the petitioner in contesting the case at Reason:
Rajkot, Gujarat, we deem it proper to allow the transfer petition 2 and transfer Family Suit No.403 of 2017, titled as Shri Samarth Omprakash Sharma vs. Smt. Poonam, pending in the Court of Principal Judge, Family Court, Rajkot, Gujarat, to the Court of the Family Judge at Haridwar, Uttarakhand, along with all records for its adjudication. Ordered accordingly.
The transfer petition is allowed accordingly. As a sequel to the above, pending interlocutory application also stands disposed of.
.........................J. (N.V.RAMANA) .........................J. (DEEPAK GUPTA) NEW DELHI;
APRIL 12, 2019.
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ITEM NO.37 COURT NO.3 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).1179/2018 POONAM SHARMA Petitioner(s) VERSUS SAMARTH OM PRAKASH SHARMA Respondent(s) (FOR ADMISSION and IA No.100640/2018-EX-PARTE STAY) IA No.100640/2018 – Ex-parte stay Date : 12-04-2019 This mattes was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE N.V. RAMANA HON'BLE MR. JUSTICE DEEPAK GUPTA For Petitioner(s) Mohd.Parvez Dabas, Adv.
Mr.Syed Mehdi Imam, AOR Mr.Tabrez Ahmad, Adv.
Mr.Uzmi Jamel Husain, Adv. For Respondent(s) Mr.Siddarth Raval, Adv.
Mr.Anirudh Sharma, 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.
As a sequel to the above, pending interlocutory application also stands disposed of.
(SATISH KUMAR YADAV) (RAJ RANI NEGI)
AR-CUM-PS ASSISTANT REGISTRAR
(Signed order is placed on the file)