ORDER

1.Application seeking permission to replace pages No.3 and 4 of the transfer petition is allowed. The application is disposed of.

2.The petitioner-wife has filed the present petition under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of a suit for declaration for dissolution of marriage filed by the respondent-husband bearing Civil Suit No.39 of 2022 titled “ Faheem Ahmed Vs. Tabassum Bano ” pending before the Court of the Principal Judge, Family Courts, (East District), Karkardooma Courts, Delhi to a Court of competent jurisdiction at Chandauli, Uttar Pradesh.

3.Having heard learned counsel for the parties and on examining the grounds taken in the transfer petition, we direct transfer of Civil Suit No.39 of 2022 titled “ Faheem Ahmed Vs. Tabassum Bano ” pending before the Court of the Principal Judge, Family Courts, (East District), Karkardooma Courts, Delhi to a Court of competent jurisdiction at Chandauli, Uttar Pradesh.

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 11 th JULY, 2024 GA ITEM NO.1 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). 3174/2023 TABASSUM BANO PETITIONER(S) VERSUS FAHEEM AHMED RESPONDENT(S) ( IA No. 262549/2023 - PERMISSION TO REPLACE THE PAGE IA No. 247963/2023 - STAY APPLICATION) Date : 11-07-2024 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. Shakeel Ahmed, AOR Ms. Pratibha Singh, Adv. Mr. Nakul Chaudhary, Adv. Mr. Vikramjeet Singh Ranga, Adv. Mr. Paras Nath Singh, Adv. For Respondent(s) Mr. Shivendra Singh, AOR Mr. Bikram Dwivedi, Adv. Mr. Tarun Mehra, Adv. Ms. Sampriti Baksi, Adv. UPON hearing the counsel the court made the following O R D E R

1.Application seeking permission to replace pages No.3 and 4 of the transfer petition is allowed. The application is disposed of.

2.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)