SUPREME COURT OF INDIA
RASHMI KUMARI – Appellant
Versus
RAM PRAWESH SAH – Respondent
T.P.(C) No.-001914 - 2024
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) No.1914 OF 2024 RASHMI KUMARI PETITIONER VERSUS RAM PRAWESH SAH RESPONDENT
O R D E R
1. Heard learned counsel for the parties.
2. The transfer petition is filed by the petitioner-wife seeking transfer of the petition filed by the respondent-husband for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, being HMA Case No.128/2024 titled as “Ram Prawesh Sah Vs. Rashmi Kumari” pending in the Court of the Principal Judge, Family Court, Allahabad, Uttar Pradesh to the Court of competent jurisdiction at Hajipur, District – Vaishali, Bihar.
3. The learned counsel appearing for the respondent states that he has no objection if the present petition is allowed, however, he submitted that the respondent be permitted to appear at the transferee Court through virtual mode.
4. In view of the above, the HMA Case No.128/2024 titled as Signa“tureR Noat Vemrifie d Prawesh Sah Vs. Rashmi Kumari” is hereby transferred from Digitally signed by RAVI ARORA Date: 2025.02.14
11:05:54 IST Reasotn:he Court of the Principal Judge, Family Court, Allahabad, Uttar Pradesh to the Court of competent jurisdiction at Hajipur, District – Vaishali, Bihar.
5. The records of the case be transferred forthwith to the transferee Court.
6. Further, a liberty is granted to the respondent-husband to move an appropriate application before the transferee Court for participating in the proceedings virtually. If such a request is made, the transferee Court may pass appropriate order as it may deem fit.
7. The Transfer Petition is allowed.
8. Pending application(s), if any, shall stand disposed of.
......................J.
(BELA M. TRIVEDI)
......................J.
(PRASANNA B. VARALE)
NEW DELHI;
13TH FEBRUARY, 2025.
ITEM NO.1 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).1914/2024 RASHMI KUMARI Petitioner(s)
VERSUS RAM PRAWESH SAH Respondent(s)
(IA No. 160222/2024 - EXEMPTION FROM FILING O.T.and IA No.
160220/2024 - STAY APPLICATION)
Date : 13-02-2025 This matter was called on for hearing today.
CORAM : HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE PRASANNA B. VARALE For Petitioner(s) : Mr. Jitendra Kumar, AOR Mr. Alok Kumar, Adv.
For Respondent(s) : Mr. Abhishek Singh, Adv.
Ms. Manju Jetley, AOR UPON hearing the counsel the Court made the following
O R D E R
1. In terms of the signed order, the Transfer Petition is allowed.
2. Pending application(s), if any, shall stand disposed of.
(RAVI ARORA) (MAMTA RAWAT)
COURT MASTER (SH) COURT MASTER (NSH)
(signed order is placed on the file)
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