2024 Supreme(Online)(SC) 10026
IN THE SUPREME COURT OF INDIA CIVIL/CRIMINAL ORIGINAL JURISDICTION TRANSFER PETITION (C) NO. 2564 OF 2023 AYUSHI GUPTA Petitioner(s)
VERSUS SHASHANK MAHESHWARI Respondent(s)
WITH TRANSFER PETITION (CRL.) NO.160 OF 2024 TRANSFER PETITION (CRL.) NO.159 OF 2024
O R D E R
T.P. (C) NO. 2564 OF 2023
1. The present petition has been field by the petitioner-wife seeking transfer of HMA Petition No. 1265 of 2023 titled as “Shashank Maheshwari Vs. Ms. Ayushi Gupta” pending before the Court of Principal Judge, Family court, Shahdara District, Karkardooma Courts, Delhi.
2. Heard learned counsel for the parties and perused the materials placed on record.
3. Having considered the circumstances in their Signature Not Verified Digitally signed by D De ae tep :a 2k 0 S 24in .g 0h 5.29totality, the Court is of the view that in the Reason:
interest of justice, transfer of the proceedings, as prayed for, is warranted.
4. Accordingly, HMA Petition No. 1265 of 2023 titled as “Shashank Maheshwari Vs. Ms. Ayushi Gupta” pending before the Court of Principal Judge, Family court, Shahdara District, Karkardooma Courts, Delhi is ordered to be transferred to the Court of Principal Judge, Family Court, Mainpuri, District Court Complex, Mainpur, Uttar Pradesh –
205265.
5. The Court of Principal Judge, Family court, Shahdara District, Karkardooma Courts, Delhi shall send the case record to the transferee Court promptly and without any delay.
6. The transfer petition is allowed accordingly.
7. However, the parties would be at liberty to appear through video-conferencing unless their personal presence is necessary in further proceedings.
8. Pending applications, if any, stand disposed of.
T.P.(CRL.) NOS.159 AND 160 OF 2024
1. In view of order passed in T.P. (C) No. 2564 of 2023, no order is required to be passed in these transfer petitions. The transfer petitions are, accordingly, dismissed.
2. Pending application(s), if any, stand(s)
disposed of.
….........................J (SANJAY KAROL)
...........................J (ARAVIND KUMAR)
New Delhi May 27, 2024 ITEM NO.1 COURT NO.4 SECTION XIV 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). 2564/2023 AYUSHI GUPTA Petitioner(s)
VERSUS SHASHANK MAHESHWARI Respondent(s)
(IA No. 198600/2023 - EX-PARTE STAY)
WITH T.P.(Crl.) No. 160/2024 (II)
(IA No. 16908/2024 - STAY APPLICATION)
T.P.(Crl.) No. 159/2024 (II)
(IA No. 16062/2024 - STAY APPLICATION)
Date : 27-05-2024 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE SANJAY KAROL HON'BLE MR. JUSTICE ARAVIND KUMAR For Petitioner(s)
Mr. Karan Dua, Adv.
Mr. Aman Chawla, Adv.
Mr. Sanchit Garga, AOR Mr. S. C. Birla, AOR Mr. Subrat Birla, Adv.
For Respondent(s)
Mr. S. C. Birla, AOR Mr. Subrat Birla, Adv.
Mr. Karan Dua, Adv.
Mr. Aman Chawla, Adv.
Mr. Sanchit Garga, AOR UPON hearing the counsel the Court made the following
O R D E R
T.P. (C) NO. 2564 OF 2023
1. The transfer petition is allowed in terms of the signed order.
2. Pending applications, if any, stand disposed of.
T.P.(CRL.) NOS.159 AND 160 OF 2024
1. The transfer petitions are dismissed in terms of the signed order.
2. Pending application(s), if any, stand(s)
disposed of.