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2024 Supreme(SC) 137

HIMA KOHLI, AHSANUDDIN AMANULLAH
Shama Sharma – Appellant
Versus
Kishan Kumar – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Aniket Jain, Adv. Mr. Vidyut Kayarkar, Adv. Mr. Umang Shankar, AOR

ORDER

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 restitution of conjugal rights filed by the respondent-husband under Section 9 of the Hindu Marriage Act, 1955, bearing CM No. 136 of 2023, titled “Kishan Kumar Vs. Shama Sharma” pending before the Principal Judge, Family Court, Sri Ganga Nagar, Rajasthan to a Court of competent jurisdiction at Faridkot, Punjab.

2. On 29th November, 2023 this Court had noted that none has entered appearance on behalf of the respondent-husband. In view of the statement made by learned counsel for the petitioner-wife that the parties were referred to mediation, but could not arrive at a settlement, it was deemed appropriate to await the presence of the respondent-husband. We had also directed that both the parties should appear virtually on the next date of hearing.

3. Learned counsel for the petitioner-wife states that he has given a written intimation of the order passed on 29th November, 2023 to the respondent-husband through speed post as well as whatsapp, but he has not responded.

4. None is present on behalf of the respondent-husband even today.

5. In

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