2024 Supreme(Online)(SC) 9101
IN THE SUPREME COURT OF INDIA CIVIL/CRIMINAL ORIGINAL JURISDICTION TRANSFER PETITION(S) (CIVIL) NO(S). 530 OF 2024 ANEESHA MEHRA @ MANISHA KAPOOR Petitioner(s)
VERSUS SAGAR MEHRA & ANR. Respondent(s)
WITH TRANSFER PETITION(S) (CRIMINAL) NO(S). 181 OF 2024 ANEESHA MEHRA @ MANEESHA KAPOOR Petitioner(s)
VERSUS SAGAR MEHRA Respondent(s)
O R D E R
The petitioner – wife has filed these Transfer Petitions seeking transfer of H.M.A. No. 1092 of 2020 titled as “Sagar Mehra Vs. Aneesha Mehra and Anr.” and Criminal Misc. Case No. 341 of 2020 titled as “Aneesha Mehra @Maneesha Kapoor Vs. Sagar Mehra” from the Family Court at Gautam Buddh Nagar, Uttar Pradesh to the Family Court at Saket Court, New Delhi.
Signature Not Verified Digitally signed by Jayant Kumar Arora Date: 2024.05.14
18:07:32 IST Despite service of notice in both the matters, no one has Reason:
entered appearance on behalf of the respondents so far.
Having heard learned counsel for the petitioner and considering the averments made in the Transfer Petition, which is not controverted by the respondents, in our view, it would be inconvenient to the petitioner (wife), who is staying in Gautam Budh Nagar, Uttar Pradesh to attend the proceedings at Saket, New Delhi.
In view of the foregoing and having considered the facts and circumstances of the case, we deem it appropriate to allow these transfer petitions. Accordingly, H.M.A. No. 1092 of 2020 titled as “Sagar Mehra Vs. Aneesha Mehra and Anr.” and Criminal Misc. Case No. 341 of 2020 titled as “Aneesha Mehra @Maneesha Kapoor Vs. Sagar Mehra” are ordered to be transferred from the Family Court at Gautam Buddh Nagar, Uttar Pradesh to the Family Court at Saket Court, New Delhi. Needless to observe that the transferee court may allow the presence of the respondent(s) on virtual platform without insisting for his/their presence on every date until required necessarily.
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 Petitions are, accordingly, allowed.
Pending application(s), if any, shall stand disposed of.
…….....……….................J.
[J. K. MAHESHWARI]
………….……...................J.
[SANJAY KAROL]
NEW DELHI;
MAY 10, 2024.
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 Transfer Petition(s)(Civil) No(s). 530/2024 ANEESHA MEHRA @ MANISHA KAPOOR Petitioner(s)
VERSUS SAGAR MEHRA & ANR. Respondent(s)
(IA No. 47689/2024 - EX-PARTE STAY)
WITH T.P.(Crl.) No. 181/2024 (II)
IA No. 45243/2024 - EXEMPTION FROM FILING O.T.
IA No. 45242/2024 - STAY APPLICATION Date : 10-05-2024 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. Tushar Swami, Adv.
Mr. Nihal Ahmad, AOR Mr. Shantanu Shukla, Adv.
For Respondent(s)
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 interlocutory application(s), if any, is/are disposed of.
(JAYANT KUMAR ARORA) (VIRENDER SINGH)
ASTT. REGISTRAR-cum-PS BRANCH OFFICER (Signed order is placed on the file)