O R D E R

The petitioner (wife) has filed this transfer petition Rahul seeking transfer of HMA No. 2009 of 2019 titled as Sharma Tanu Sharma v. filed by the respondent (husband)

under Section 13 of the Hindu Marriage Act, 1955, pending before Family Court, Mathura, Uttar Pradesh, to Family Court, Gwalior, Madhya Pradesh.

Vide order dated 17.01.2024 passed by this Court, the parties were referred for mediation before the Supreme Court Mediation Centre to mediate the issues and for settlement. As per the report dated 14.03.2024 received from the Supreme Signature Not Verified Digitally signed by Nidhi Ahuja D 17a :t 5e 0: :2 10 92 I4 S. T04.25 Court Mediation Centre, mediation remained unsuccessful.

Reason:

Having heard learned counsel for the parties and considering the averments made in the transfer petition, in our view, it would be inconvenient to the petitioner(wife) to attend the proceedings at Mathura, Uttar Pradesh, which is about 180 kilometres from Gwalior, Madhya Pradesh, where she is staying.

In view of the foregoing and having considered the facts and circumstances of the case, we deem it appropriate to allow this transfer petition. Accordingly, HMA No. 2009 of 2019 Rahul Sharma Tanu Sharma titled as v. filed by the respondent (husband) under Section 13 of the Hindu Marriage Act, 1955, pending before Family Court, Mathura, Uttar Pradesh, is ordered to be transferred to Family Court, Gwalior, Madhya Pradesh.

Needless to observe that the transferee Court may allow the presence of the respondent-husband on virtual platform without insisting for his presence on every date until required necessarily.

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;

April 18, 2024.

ITEM NO.6 COURT NO.9 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 (Civil) No. 2488/2023 TANU SHARMA Petitioner(s)

VERSUS RAHUL SHARMA Respondent(s)

(MEDIATION REPORT RECEIVED)

(IA No.193380/2023-EX-PARTE STAY and IA No.193382/2023-EXEMPTION FROM FILING O.T.)

Date : 18-04-2024 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. Himanshu Sharma, AOR Ms. Aditi Sharma, Adv.

Mr. Lokesh Solanki, Adv.

Mr. Arun Kumar, Adv.

For Respondent(s)

Mr. Vikas Kumar, Adv.

Mr. Shiv Kumar, Adv.

Mr. Divakar Kumar, AOR 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) (VIRENDER SINGH)

AR-cum-PS BRANCH OFFICER [Signed order is placed on the file.]