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 dissolution of marriage filed by the respondent-husband under Section 13(1)(i-a)(i-b) of the Hindu Marriage Act, 1955 bearing H.M.A. No.859 of 2023 titled “Anup Singh Vs. Sandhya pending before ”

Court of the Principal Judge, Family Court, District-North-East, Karkardooma, Delhi to the Court of the Principal Judge, Family Court, Kotdwar, Pauri Garwal, Uttarakhand.

2. Mediation report dated 20th July, 2024 has been received from the Supreme Court Mediation Centre. As per the mediation report, the parties are not agreeable to arrive at an amicable settlement at this stage.

3. Having heard learned counsel for the parties and on examining the grounds taken in the transfer petition, we direct transfer of H.M.A. No.859 of 2023 titled “Anup Singh Signature Not Verified Vs. Sandhya pending before Court of the Principal Judge, Family Court, District-

”

Digitally signed by geeta ahuja Date: 2024.08.28

18:15:50 IST Reason:

North-East, Karkardooma, Delhi to the Court of the Principal Judge, Family Court, Kotdwar, Pauri Garwal, Uttarakhand.

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

5. Further, liberty is granted to the respondent-husband 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 respondent-husband 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.

6. The Transfer Petition is allowed on the above terms. Pending application is disposed of.

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

( HIMA KOHLI )

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

( SANDEEP MEHTA )

NEW DELHI

22nd AUGUST, 2024

GA

ITEM NO.2 COURT NO.9 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). 143/2024 SANDHYA PETITIONER(S)

VERSUS ANUP SINGH RESPONDENT(S)

( IA No. 13242/2024 - EX-PARTE STAY)

Date : 22-08-2024 This petition was called on for hearing today.

CORAM :

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SANDEEP MEHTA For Petitioner(s) Mr. Amit Sharma, AOR Mr. Santosh Upadhyay, Adv.

Mr. Ushakar Mishra, Adv.

Mr. Ravi Kumar, Adv.

Mr. Shashank Gaurav, Adv.

For Respondent(s) Mr. Vinay Modi, Adv.

Mr. Rupin Singh, Adv.

Mr. Shahzad Ansari, Adv.

Mr. Ravinder Singh Negi, Adv.

Mr. Pankaj Jaiswal, Adv.

Mr. Siddhant, Adv.

Mr. Aftab Ali Khan, 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 is disposed of.

(Nand Kishor) (Geeta Ahuja)

Court Master (NSH) Assistant Registrar-cum-PS (Signed Order is placed on the file)