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 M.C. No.1702 of 2020 titled “Sivakumar Subramanian Vs. Mrs. Janaki Sivakumar Subramaniam” pending before the Principal Judge, Family Court, Bengaluru, Karnataka to the Principal Judge Family Court, Mumbai, Maharashtra.

2. Learned counsel for the petitioner-wife states that as per his instructions, the proceedings pending before the Principal Judge, Bengaluru, Karnataka are at an advanced stage of recording of evidence of the respondent-husband. That being the position, this Court is not inclined to entertain the prayer made in the present petition.

3. However, having regard to the submission made by learned counsel for the petitioner-wife that she is presently residing in Mumbai, Maharashtra and has 10 years old son to take care of, she shall move an application before the Family Court, Bengaluru, Karnataka to give her an option to appear virtually in the matter.

Digitally signed by geeta ahuja Date: 2024.02.27 10:11:29 IST Reason:

Signature Not Verified TRANSFER PETITION (CIVIL) NO. 2754

4. If such a request is made by the petitioner-wife, the concerned Family Court may grant such a permission and direct her personal presence 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 concerned Family Court shall consider the same and pass appropriate orders.

5. The transfer petition is disposed of along with pending application.

6. Interim order passed by this Court stands vacated.

………………..............................J. ( HIMA KOHLI ) ……………...................................J. ( SATISH CHANDRA SHARMA ) NEW DELHI;

21st FEBRUARY, 2024 GA TRANSFER PETITION (CIVIL) NO. 2754 ITEM NO.6 COURT NO.11 SECTION IV-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS TRANSFER PETITION (CIVIL) NO.2754/2023 JANAKI SIVAKUMAR SUBRAMANIAN PETITIONER(S) VERSUS SIVAKUMAR SUBRAMANIAN RESPONDENT(S) (FOR ADMISSION and IA No.212029/2023-EX-PARTE STAY ) Date : 21-02-2024 This petition was called on for hearing today.

CORAM :

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) Mr. Anand S. Jondhale, Adv.* Mr. Satish Pandey, AOR For Respondent(s) Mr. P. S. Sridhar Raj, Adv. Ms. Prerana Chaturvedi, AOR Mr. Animesh Kumar, Adv. Mr. P. Srinivas, Adv. Ms. Sharmila Lenka, Adv. Mr. Sudhanshu Chaudhary, Adv. Ms. Mayuri Gupta, Adv. Mr. Anand Mishra, Adv. Mr. Niranjan Singh, Adv. Mr. Abhishek Pandey, Adv. UPON hearing the counsel the court made the following O R D E R

1. The transfer petition is disposed of along with pending application in terms of the signed order.

2. Interim order passed by this Court stands vacated.

(Geeta Ahuja) (Nand Kishor) Assistant Registrar-cum-PS Court Master (NSH) (Signed Order is placed on the file) * Appeared virtually