IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO. 435 OF 2022

GUNJAN JHUNJHUNWALA

PETITIONER(S)

VERSUS

ROHIT KUMAR

RESPONDENT(S)

O R D E R

The petitioner-wife has filed the petition under Section

25 of the Code of Civil Procedure, 1908 before this Court

seeking transfer of Matrimonial (Divorce) Case No.4572 of 2021

titled “Mr. Rohit Kumar Vs. Ms. Gunjan Jhunjhunwala”, pending

before the Family Court, Bangalore, Karnataka to the Court of

Principal District Judge at Shillong, Meghalaya.

Having heard learned counsel for the parties and taking

into consideration the grounds taken in the transfer petition,

we direct the transfer of Matrimonial (Divorce) Case No.4572 of

2021 titled “Mr. Rohit Kumar Vs. Ms. Gunjan Jhunjhunwala”,

pending before the Family Court, Bangalore, Karnataka to the

Court of Principal District Judge at Shillong, Meghalaya.

Let the record of the case be transferred without delay.

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Digitally signed by

Rajni Mukhi

Date: 2023.02.24

16:24:06 IST

Reason:

Signature Not Verified

T.P.(C) NO. 435 OF 2022

The Transferee Court before proceeding to consider the

matter on merits shall make an attempt to settle the matter

between the parties if necessary, by referring to mediation and

only if the mediation fails, the matter shall be taken on

merits.

Further, in the facts of the present case, we grant liberty

to the respondent to make an appropriate application before the

transferee court to permit the respondent to take part in

proceedings through virtual mode. If such request is made, the

transferee Court shall take note of the same and permit the

respondent and insist on the physical presence only when it

becomes absolutely necessary.

Even at the stage of examination of witnesses if there are

out side witnesses liberty is granted to seek examination

through Commission.

The Transfer Petition is allowed in the afore-stated terms.

Pending application(s), if any, shall stand disposed of.

……………………………………………………………J.

[A.S. BOPANNA]

……………….……………………………………….J.

[J.B. PARDIWALA]

NEW DELHI;

FEBRUARY 22, 2023

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ITEM NO.4 COURT NO.12 SECTION XVI-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 (C) No. 435/2022

GUNJAN JHUNJHUNWALA Petitioner(s)

VERSUS

ROHIT KUMAR Respondent(s)

(FOR ADMISSION and IA No.28009/2022-STAY APPLICATION)

Date : 22-02-2023 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE A.S. BOPANNA

HON'BLE MR. JUSTICE J.B. PARDIWALA

For Petitioner(s) Ms. Neha Phookan, Adv.

Mr. Shailesh Madiyal, AOR

For Respondent(s) Mr. Mandeep Singh Vinaik, Adv.

Mr. Deepak Bashta, Adv.

Ms. Shagun Matta, AOR

UPON hearing the counsel the Court made the following

O R D E R

The Transfer Petition is allowed in terms of signed

order.

Pending application(s) shall stand disposed of.

(RAJNI MUKHI) (DIPTI KHURANA)

COURT MASTER (SH) ASSISTANT REGISTRAR

(Signed order is placed on the file)

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