O R D E R

The petitioner (wife) has filed this transfer petition Axat Dixit seeking transfer of HMA No. 234 of 2023 titled as v.

Neha Sharma filed by the respondent(husband) under Section 9 of the Hindu Marriage Act, 1955, pending in Family Court, Raipur, Chhattisgarh, to Family Court, Gwalior, Madhya Pradesh.

Despite service of notice on the respondent(husband), no one has entered appearance on his behalf to oppose the prayer as made in the transfer petition.

Having heard learned counsel for the petitioner and Signature Not Verified Digitally signed by Nidhi Ahuja Date: 2024.05.07

1 R7 e: a3 s8 o:4 n4 : IST considering the fact that a minor child is with the petitioner and the distance between Raipur, Chhattisgarh, and Gwalior, Madhya Pradesh, is about 800 kilometers, and therefore, it would be inconvenient to the petitioner to attend the proceedings at Raipur, Chhattisgarh, we deem it appropriate to allow this transfer petition. Accordingly, HMA Axat Dixit Neha Sharma No. 234 of 2023 titled as v. filed by the respondent (husband) under Section 9 of the Hindu Marriage Act, 1955, pending in Family Court, Raipur, Chhattisgarh, is ordered to be transferred to Family Court, Gwalior, Madhya Pradesh.

However, the transferee Court shall make an endeavour to issue notice to the respondent (husband) and secure his presence in the matter taking recourse as permissible.

It is further required to be observed that on appearance, if the husband wishes to join the proceedings by virtual mode, the Court shall ordinarily permit him until his presence 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 shall stand disposed of.

………………………………………., J.

[ J.K. MAHESHWARI ]

………………………………………., J.

[ SANJAY KAROL ]

New Delhi;

April 24, 2024.

ITEM NO.6 COURT NO.9 SECTION IV-C 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. 13/2024 NEHA SHARMA Petitioner(s)

VERSUS AXAT DIXIT Respondent(s)

(IA No. 2027/2024 - EX-PARTE STAY and IA No. 2028/2024 - EXEMPTION FROM FILING O.T.)

Date : 24-04-2024 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE SANJAY KAROL For Petitioner(s)

Mr. Prashant Shukla, Adv.

Mrs. Anushree Shukla, Adv.

Ms. Akash Bhushan, Adv.

Ms. Aishvarya, Adv.

Ms. Charu Rajput, Adv.

M/S. Prashant Shukla Law Chambers, AOR For Respondent(s)

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 shall stand disposed of.

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

[Signed order is placed on the file.]