SUPREME COURT OF INDIA
ASRAFUL @ BALI @ ASRAFUL ALI VS. THE STATE OF WEST BENGAL
SLP(Crl) No. 3346/2025
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION(S)(CIVIL) NO(S).3282/2023 AKRITI JOHRI Petitioner(s)
VERSUS SHIVESH KUMAR SRIVASTAVA Respondent(s)
By way of this petition filed under Section 25 CPC, the petitioner-wife seeks transfer of HMA Petition No.2742 of 2023, titled “Shivesh Kumar Srivastava vs. Akriti Johri”, filed under Section 9 of the Hindu Marriage Act, 1955, from the Upper Family Court No.II, Ghaziabad, Uttar Pradesh to the learned Principal Judge (East), Family Court, at Karkardooma Courts, Delhi.
It is stated that the petitioner-wife filed Case NO.2239 of 2023 before the Family Court, Karkardooma Courts, Delhi, seeking a divorce under Section 13(1)(a) of the Hindu Marriage Act, 1955, and the same is pending.
It is desirable and appropriate that these two cases are heard by the same court.
The transfer petition is accordingly allowed. HMA Petition No.2742 of 2023, titled “Shivesh Kumar Srivastava vs. Akriti SignaJtureo Noht Verrifiied”, pending before the Upper Family Court No.II, Ghaziabad, Deepak Joshi Date: 2024.06.05 ReasoUn:ttar Pradesh, is transferred to the learned Principal Judge (East), Family Court, Karkardooma Courts, Delhi. The record of the said case shall be transferred forthwith to the transferee court, which shall take up the matter from the stage at which it is pending.
In the event the respondent-husband applies for permission to appear through video-conferencing, the transferee Court shall consider the same and permit his appearance online when his physical presence is not required.
The Transfer Petition is allowed in the aforesaid terms.
Pending application(s), if any, shall stand closed.
[ SANJAY KUMAR ]
[ AUGUSTINE GEORGE MASIH ]
NEW DELHI JUNE 04, 2024.
ITEM NO.5 COURT NO.12 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).3282/2023 AKRITI JOHRI Petitioner(s)
VERSUS SHIVESH KUMAR SRIVASTAVA Respondent(s)
(Mediation report received.
IA No. 254742/2023 - EXEMPTION FROM FILING O.T.
IA No. 254741/2023 - STAY APPLICATION)
Date : 04-06-2024 This matter was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJAY KUMAR HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH [VACATION BENCH]
For Petitioner(s) Mr. Ashiesh Kumar, AOR Mr. Rajesh Vasisht, Adv. Mrs. Jyoti Vasisht, Adv.
For Respondent(s) Mr. S. K. Verma, AOR Mr. K.K. Srivastava, Adv. Mr. Abhishek Sharma, 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, stand closed.
(DEEPAK JOSHI) (SAROJ KUMARI GAUR)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (Signed Order is placed on the File)
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