ORDER

1. The petitioner-wife has filed the present petition under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of a petition for divorce filed by the respondent- husband under Section 13(i)(A) of the Hindu Marriage Act, 1955 bearing H.M.A. No.2446 of 2023 titled “Major Vivek Malik Vs. Safal Choudhary pending before ”

the Principal Judge, Family Court, Meerut, Uttar Pradesh to the Family Court-2, Jaipur, Rajasthan.

2. We have perused the averments made by the respondent-husband in the counter affidavit.

3. We have heard the learned counsel for the parties and are of the opinion that in the interest of justice, it would be appropriate if a neutral venue is identified for both the parties. Thus, instead of acceding to the prayer made in the present petition for transferring the divorce proceedings filed by the respondent-husband from the Family Court, Meerut, Uttar Pradesh to the Family Court, Jaipur, Rajasthan, where Signature Not Verified Digitally signed by KAVITA PAHUJA the petitioner-wife is studying, it is deemed appropriate to direct that the aforesaid Date: 2024.08.23

15:29:07 IST Reason:

petition is transferred to the Family Court, Saket District Courts, Delhi.

4. Accordingly, we transfer H.M.A. No.2446 of 2023 titled “Major Vivek Malik Vs. Safal Choudhary pending before the Principal Judge, Family Court, Meerut, Uttar Pradesh ”

to the Family Court, Saket District Courts, Delhi.

5. The record of the case be transferred immediately to the transferee Court.

6. Further, liberty is granted to the parties to move an appropriate application before the transferee Court for permission to participate in the proceedings virtually. If such a request is made, the transferee Court may grant such permission and direct the personal presence of the parties only when it is absolutely necessary. Further, if examination of the outstation witnesses is required and a request is made for recording the evidence through a Court Commissioner, the transferee Court shall consider the same and pass appropriate orders.

7. The Transfer Petition is disposed of on the above terms. Pending applications are disposed of.

………………..............................J.

[ HIMA KOHLI ]

……………...................................J.

[ SANDEEP MEHTA]

NEW DELHI AUGUST 13, 2024

PS

ITEM NO.2 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 SAFAL CHOUDHARY PETITIONER VERSUS MAJOR VIVEK MALIK RESPONDENT (IA No. 29205/2024 - STAY APPLICATION)

Date : 13-08-2024 This matter was called on for hearing today.

CORAM :

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SANDEEP MEHTA For Petitioner(s) Ms. Sumitra Chaudhary, Adv.

Ms. Renu Bajpai, Adv.

Ms. Arya Sinha, Adv.

Mr. Akshay Sahay, Adv.

Mr. Gunjan Kumar, AOR For Respondent(s) Ms. Puja Dewan, AOR Ms. Pooja Gupta, Adv.

Mr. R Vasudev, Adv.

Mr. Rahul Nagpal, Adv.

Mr. Asif Anand, Adv.

UPON hearing the counsel, the Court made the following

O R D E R

The transfer petition is disposed of in terms of the signed order, which is placed on the file.

(POOJA SHARMA) (NAND KISHOR)

COURT MASTER (SH) COURT MASTER (NSH)