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2024 Supreme(Online)(SC) 1477

IN THE SUPREME COURT OF INDIA

CIVIL/CRIMINAL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO. 3378 OF 2023

SUMEET SANDHU Petitioner(s)

VERSUS

GAURAV KALA Respondent(s)

WITH

TRANSFER PETITION (CRIMINAL) NO. 1009 OF 2023

ORDER

Heard Ms. Abiha Zaidi, learned counsel appearing for the petitioner (wife). Mr. Siddharth Relan, learned counsel appearing for the respondent (husband).

2. From the submission of the learned counsel for the parties, it appears that the 4½ year old daughter born to the couple is residing with the mother at Delhi. The divorce case filed by the petitioner against the respondent is pending in the Saket Court.

3. With the above projection, the counsel for the petitioner(s) submits that the two cases pending before the Ghaziabad Court should be transferred to the Delhi Court.

4. On the other hand, Mr. Siddharth Relan, learned counsel would submit that the pleadings in those cases are complete. The distance between the two Courts is hardly 50-60 kms. It is then submitted that there was direction by the Allahabad High Court for expeditious disposal of the maintenance case and the Guardianship case pending now in the Ghaziabad Court. It is accordingly argued that these transfer petitions should not be considered in favour of the petitioner(s).

Digitally signed by NITIN TALREJA Date: 2024.02.23 16:58:28 IST Reason:

    Signature Not Verified

5. Having considered the circumstances here, we allow these transfer petitions. Following cases are directed to be transferred:

    (i) The Misc. Civil Case No. 180 of 2022 titled “Gaurav Kala v. Sumeet Sandhu”, pending before the Family Court, Ghaziabad, Uttar Pradesh is directed to be transferred to the Family Court, District Court, Saket, Delhi.
    (ii) The Crl. Misc. Case No. 1115 of 2021 titled “Sumeet Sandhu & Anr. v. Gaurav Kala”, pending before the Principal Judge, Family Court, Ghaziabad, Uttar Pradesh is directed to be transferred to the Ld. Metropolitan Magistrate, Saket, Delhi.

6. Records of the case would be immediately transferred to the transferee court.

7. The transferee court would decide the matter expeditiously.

8. Pending application(s), if any, shall stand closed.

..................J. (HRISHIKESH ROY) ..................J. (PRASHANT KUMAR MISHRA) NEW DELHI;

    FEBRUARY 21, 2024.
    ITEM NO.4 COURT NO.6 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(s)(Civil) No(s). 3378/2023 SUMEET SANDHU Petitioner(s) VERSUS GAURAV KALA Respondent(s) (IA No. 264315/2023 - EX-PARTE STAY) WITH T.P.(Crl.) No. 1009/2023 (II) (IA No. 266581/2023 - EX-PARTE STAY IA No. 268541/2023 - PERMISSION TO APPEAR AND ARGUE IN PERSON) Date : 21-02-2024 These matters were called on for hearing today.
    CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s) Ms. Abiha Zaidi, AOR Ms. Suriti Chowdhary, Adv. Mr. Anuj Bhave, Adv. Ms. Mrinalini Sen, Adv. For Respondent(s) Caveator-in-person, AOR Mr. Vikash Chandra Shukla, AOR Mr. Aishvary Vikram, Adv. Mr. Anantha Narayana Mg, Adv. Mr. Tarun Gulia, Adv. Mr. Siddharth Relan, Adv. Mr. Akshya Kymar Panda, Adv. Mr. Mukul Rathor, Adv. Mr. Seetharaman Venkat, Adv. Mr. Neetej Kumar, Adv. UPON hearing the counsel the Court made the following O R D E R The Transfer Petitions are allowed in terms of the signed order.
    Pending application(s), if any, shall stand closed.
    (NITIN TALREJA) (KAMLESH RAWAT) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR (Signed order is placed on the file)
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