Supreme Court - Daily Orders
Urmila Devi vs Raj Kumar Yadav on 13 September, 2023
Bench: Hima Kohli, Rajesh Bindal
TRANSFER PETITION (CIVIL) NO. 1360 OF 2023
IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 1360 OF 2023
URMILA DEVI PETITIONER
VERSUS
RAJ KUMAR YADAV 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 divorce filed by the respondent- husband under Section 13 of the Hindu Marriage Act, 1955 bearing Petition No.1025/2022 titled “Raj Kumar Yadav Vs. Urmila Devi” pending before the Principal Judge, Family Court, Pratap Garh, Uttar Pradesh to the Court of the Principal Judge, Family Courts, Dwarka District Courts, New Delhi.
2. Though service of notice on the respondent-husband is complete, no one has entered appearance on his behalf. Even today, the respondent-husband remains unrepresented.
3. Having heard learned counsel for the petitioner-wife and on examining the grounds taken in the transfer petition, we direct transfer of Petition No.1025/2022 titled “Raj Kumar Yadav Vs. Urmila Devi” pending before the Principal Judge, Family Court, Signature Not Verified Digitally signed by GEETA AHUJA Pratap Garh, Uttar Pradesh to the Court of the Principal Judge, Family Courts, Date: 2023.09.15 16:30:00 IST Reason: Dwarka District Courts, New Delhi.
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4. The record of the case be transferred immediately to the transferee Court.
5. Further, liberty is granted to the respondent-husband to move an appropriate 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 only when it is absolutely necessary. Further, if examination of the 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 on the above terms. Pending application(s), if any, are disposed of.
..............................J. ( HIMA KOHLI ) ................................J. ( RAJESH BINDAL ) NEW DELHI;
13th SEPTEMBER, 2023.
2 TRANSFER PETITION (CIVIL) NO. 1360 OF 2023 ITEM NO.8 COURT NO.13 SECTION XI 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). 1360/2023 URMILA DEVI Petitioner(s) VERSUS RAJ KUMAR YADAV Respondent(s) ( IA No. 103509/2023 - EX-PARTE STAY) Date : 13-09-2023 This petition was called on for hearing today. CORAM :
HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Amit Kumar Singh, AOR Ms. K Enatoli Sema, Adv.
Ms. Chubalemla Chang, Adv.
Mr. Prang Newmai, 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.
Pending application(s), if any, are stand disposed of.
(Geeta Ahuja) (Nand Kishor)
Assistant Registrar-cum-PS Court Master (NSH)
(Signed Order is placed on the file)
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