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2025 Supreme(Online)(SC) 1773

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION BEAUTI KUMARI @ RANI Petitioner(s)

VERSUS AVINASH KUMAR Respondent(s)

O R D E R

1) The petitioner (wife) has filed this transfer petition seeking transfer of Divorce Case No. 86 of 2024 titled as Avinash Kumar v. Beauti Kumari @ Rani filed by the respondent(husband) under Section 13(1) (ia)(ib) of the Hindu Marriage Act, 1955, pending before Family Court, Vaishali, Hajipur, Bihar, to a competent Court of jurisdiction in District Bokaro, Jharkhand.

2) Despite service of notice on the respondent, no one has entered appearance on his behalf. However, vide order dated 06.02.2025, awaiting representation Signature Not Verified Digitally signed by NIDHI AHUJA Date: 2025.03.21

18:52:39 IST of the respondent, the matter was adjourned. Even Reason:

today, there is no one present on behalf of the respondent to oppose the prayer as made in the transfer petition.

3) Having heard learned counsel for the petitioner and considering the averments made in the transfer petition, in our view, it would be inconvenient to the petitioner(wife), who is staying at Bokaro, Jharkhand, to attend the proceedings at Hajipur, Bihar.

4) Therefore, we deem it appropriate to allow this transfer petition and accordingly, Divorce Case No. 86 of 2024 titled as Avinash Kumar v. Beauti Kumari @ Rani pending before Family Court, Vaishali, Hajipur, Bihar, is ordered to be transferred to the Court of Principal District and Sessions Judge, Bokaro, Jharkhand, who may either deal with the case himself or assign it to a Court of competent jurisdiction at Bokaro.

5) On asking, it is on the discretion of the transferee Court to allow the presence of the respondent (husband) virtually until necessarily required.

6) On intimation by e-mail, the records of the case be transferred to the transferee Court without any delay and immediate compliance be made.

7) The transfer petition is, accordingly, allowed. Pending application(s), if any, shall stand disposed of.

…………………………………………………….., J.

[ J.K. MAHESHWARI ]

…………………………………………………….., J.

[ RAJESH BINDAL ]

New Delhi;

March 06, 2025.

ITEM NO.5 COURT NO.6 SECTION XVI S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition (Civil) No. 1946/2024 BEAUTI KUMARI@RANI Petitioner(s)

VERSUS AVINASH KUMAR Respondent(s)

(IA No. 149835/2024 - EX-PARTE STAY and IA No. 149837/2024 -

EXEMPTION FROM FILING O.T.)

Date : 06-03-2025 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) : Mr. Gautam Jha, AOR Mr. Pankaj Kumar, Adv.

For Respondent(s) :

UPON hearing the counsel the Court made the following

O R D E R

1) The transfer petition is allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of.

(NIDHI AHUJA) (NAND KISHOR)

AR-cum-PS COURT MASTER (NSH)

[Signed order is placed on the file.]

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