O R D E R

The petitioner (wife) has filed this transfer petition seeking transfer of Matrimonial Suit No. 449 of 2023 titled as Major Swarup Kumar Saha v. Mehak Saha (Nee Hundal) filed by the respondent (husband) under Section 13(1)(i)(ia)(ib) of the Hindu Marriage Act, 1955, pending before the Court of Additional District Judge, Barasat, District 24 Parganas (North), West Bengal, to Family Court, Bangalore.

Vide order dated 11.10.2023 passed by this Court, the Signature Not Verifiped arties were referred for mediation before the Supreme Court Digitally signed by Nidhi Ahuja Date: 2024.05.10

18:29:44 IST Reason:

Mediation Centre to mediate the issues and for settlement. As per the report dated 11.03.2024 received from the Supreme Court Mediation Centre, mediation remained unsuccessful.

Having heard learned counsel for the parties and considering that the distance between Barasat, West Bengal, and Bangalore is more than 1800 kilometers and therefore, it would be inconvenient to the petitioner to attend the proceedings at Barasat, West Bengal, we deem it appropriate to allow this transfer petition. Accordingly, Matrimonial Suit No. 449 of 2023 titled as Major Swarup Kumar Saha v. Mehak Saha (Nee Hundal) filed by the respondent (husband) under Section 13(1)(i)(ia)(ib) of the Hindu Marriage Act, 1955, pending before the Court of Additional District Judge, Barasat, District 24 Parganas (North), West Bengal, is ordered to be transferred to Family Court, Bangalore.

We make it clear that as the respondent is in Army, he be permitted to join by virtual mode by the Department and the transferee Court shall also take recourse alike and shall not insist for his personal presence unless it is essentially required.

Let the records of the case be transferred to the transferee Court without delay and an intimation be sent to both the Courts through e-mail for compliance.

The transfer petition is, accordingly, allowed.

Pending application(s), if any, shall stand disposed of.

…………………………………., J.

[ J.K. MAHESHWARI ]

…………………………………., J.

[ SANJAY KAROL ]

New Delhi;

May 01, 2024.

ITEM NO.2 COURT NO.9 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. 2119/2023 MEHAK SAHA(NEE HUNDAL) Petitioner(s)

VERSUS MAJOR SWARUP KUMAR SAHA Respondent(s)

(MEDIATION REPORT RECEIVED)

(IA No. 165430/2023 - STAY APPLICATION)

Date : 01-05-2024 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE SANJAY KAROL For Petitioner(s) Mr. A Velan , AOR For Respondent(s)

Ms. Christi Jain, AOR Mr. Puneet Jain, Adv.

Mr. Mann Arora, Adv.

Ms. Akriti Sharma, Adv.

Mr. Harsh Jain, 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, shall stand disposed of.

(NIDHI AHUJA) (POOJA SHARMA) AR-cum-PS COURT MASTER (NSH)

[Signed order is placed on the file.]