DR. SHWETA MALIK vs DR. NAKUL MOTLA - 2024-01-09

O R D E R

Heard Mr. Anil Hooda, learned counsel appearing for the petitioner (wife). The respondent (husband) is represented by Mr.

Mohd. Saquib Siddiqui, learned counsel.

These two Transfer Petitions are filed for transfer of the two cases i.e., the custody case and the case for Restitution of Conjugal Rights from the Court at Gautam Buddha Nagar, to the Court at Gurugram, Haryana.

Considered the submissions of the learned counsel for the parties. The son born to the couple is in the care of the mother and she resides in Gurugram. The proceedings under Section 498-A etc. is pending before the forum at Gurugram, against the respondent.

Considering the circumstance here, we allow the transfer petitions. The following cases are ordered to be transferred:

(a) The Petition No. 91 of 2022 titled “Dr. Nakul Motla v. Dr. Shweta Malik”, pending before the Court of Ld. Additional Principal Judge, Family Court, District Gautam Buddha Nagar, Uttar Pradesh is directed to be transferred to the Ld. Principal Judge, Family Court, Gurugram, Haryana.

(b) The HMA No. 603 of 2021 titled “Dr. Nakul Motla v. Dr. Shweta Malik”, pending before the Court of Ld. Principal Judge, Family Court, District Gautam Buddha Nagar, Uttar Pradesh is directed to be transferred to the Ld. Principal Judge, Family Court, Gurugram, Haryana.

Records of the cases would be immediately transferred to the transferee court.

The parties are directed to appear, either in person or through an authorized representative or through video-conferencing if the said facility is available, before the transferee court. However, in case there is non-appearance, court notice would be issued to the defaulting party.

The parties may explore the possibility of settlement through mediation. The transferee court would obtain the desire and wishes of the parties and proceed accordingly in this regard.

The transferee court would decide the matter expeditiously.

Pending application(s), if any, shall stand closed.

..................J.

(HRISHIKESH ROY)

..................J.

(PRASHANT KUMAR MISHRA)

NEW DELHI;

JANUARY 09, 2024 ITEM NO.2 COURT NO.6 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). 1696/2023 DR. SHWETA MALIK Petitioner(s)

VERSUS DR. NAKUL MOTLA Respondent(s)

(**Mediation Report has been Received**

IA No. 132452/2023 - EXEMPTION FROM FILING O.T.

IA No. 132451/2023 - STAY APPLICATION)

WITH T.P.(C) No. 1720/2023 (XI)

(FOR STAY APPLICATION ON IA 134461/2023 IA No. 134461/2023 - STAY APPLICATION)

Date : 09-01-2024 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA For Petitioner(s) Mr. Anil Hooda, Adv.

Mr. Jitender Hooda, Adv.

Mr. Shafik Ahmed, Adv.

Mr. Ajay Sharma, Adv. Mr. Lalit Mohan, Adv.

Mr. Sunny, Adv.

Mr. Yadav Narender Singh, AOR For Respondent(s) Mr. Ankur Prakash, AOR Mr. Mohd. Saquib Siddiqui, Adv.

Mr. Amod Kumar Bidhuri, Adv.

Ms. Priyanka Singh, Adv. Ms. Srishti Kasana, Adv.

Mr. Yudhister Bharadwaj, Adv.

Mr. Akarsh Garg, Adv.

Ms. Sunita Varma, Adv.

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 application(s), if any, shall stand closed.

(NITIN TALREJA) (KAMLESH RAWAT)

ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR

(Signed order is placed on the file)