GARIMA RAI vs PRABHAT KUMAR RAI - 2024-01-02

O R D E R

This is a petition filed under Section 25 of the Code of Civil Procedure, 1908 (for short “CPC”). The petitioner is the wife of the respondent. She has sought the following reliefs:

“(a) Transfer Divorce Petition No.414 of 2019 from the district court Aizawl, Mizoram to the Family Court at Ghazipur, Uttar Pradesh titled as Dr. Prabhat Kumar Rai V. Garima Rai pending before the District Judge, Aizawl, Mizoram under the jurisdiction of High Court of Judicature at Aizawl Bench of Gauhati High Court to the Court of the Family Court, Ghazipur, Uttar Pradesh, under the jurisdiction of Allahabad High Court;

(b) Pass such other or further order or orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of this case and interest of justice.”

We have heard learned counsel for the respective parties.

During the course of submissions, respondent’s counsel submitted that Divorce Petition No.414/2019 was initiated by the respondent in the year 2019. The petitioner has appeared in the said proceeding, filed her Statement of Objections/Written Statement, engaged the services of a counsel and the matter is now at the stage of cross-examination of the petitioner. Therefore, at this belated stage, the transfer of the petition may not be entertained in the interest of justice.

T.P.(C) NO. 2554/202 3 In the circumstances, it was submitted that the Transfer Petition filed in the year 2023, may not be allowed.

By way of response, learned counsel for the petitioner submitted that in the event, this Court is not inclined to transfer the case from the Court of the learned District Judge, Aizawl, Mizoram to the Court of the Family Court, Ghazipur, Uttar Pradesh then liberty may be reserved to the petitioner to appear before the District Court Aizawl in Mizoram through video conferencing facility.

Learned counsel for the petitioner further submitted that in the event either of the parties is to appeal against the judgment of the Trial Court in Divorce Petition No.414/2019 then liberty may be reserved particularly to the petitioner herein to approach this Court seeking transfer of the appeal to be filed subsequent to the disposal of the Divorce Petition No.414/2019.

The submissions of the learned counsel for the petitioner are accepted.

In the circumstances, this Transfer Petition is disposed of by permitting the petitioner to appear before the District Court Aizawl, Mizoram either in person or through video conferencing facility. The said Court shall make available the video conferencing facility to the petitioner so that the proceedings may be concluded in time.

T.P.(C) NO. 2554/202 3 Liberty is also reserved to the petitioner herein to approach this Court to seek transfer of an appeal to be filed by either of the parties from the High Court at Aizawl, Mizoram to the Allahabad High Court, if so advised.

The Transfer Petition is disposed of in the aforesaid terms.

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

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

( B.V. NAGARATHNA )

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

( AUGUSTINE GEORGE MASIH )

NEW DELHI;

JANUARY 02, 2024 ITEM NO.1 COURT NO.12 SECTION XIV 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). 2554/2023 GARIMA RAI Petitioner(s)

VERSUS PRABHAT KUMAR RAI Respondent(s)

(IA No. 171688/2023 - CONDONATION OF DELAY IN REFILING/CURING THE DEFECTS IA No. 171691/2023 - EXEMPTION FROM FILING O.T.

IA No. 171694/2023 - STAY APPLICATION)

Date : 02-01-2024 This matter was called on for hearing today.

CORAM :

HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) Ms. Aarti Upadhyay Mishra, AOR For Respondent(s) Mr. Sanjay Singh, Adv.

Ms. Preeti Sirohi, Adv.

Mr. Sharve Singh, Adv.

Mr. Divyesh Pratap Singh, AOR Mr. Amit Sangwan, Adv.

UPON hearing the counsel the Court made the following

O R D E R

The Transfer Petition is disposed of in terms of the signed order.

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

(RADHA SHARMA) (MALEKAR NAGARAJ)

COURT MASTER (SH) COURT MASTER (NSH)

(Signed order is placed on the file)