HARSHITA SINGH vs GURUDAYAL SINGH - 2024-02-13

O R D E R

Heard learned counsel appearing for the parties.

2. It has been pointed out by the learned counsel for the respondent that the petitioner lives in District Kota, Rajasthan and the child is also studying in the same city, as such, request for transfer to Chittorgarh, Rajasthan should not be entertained.

3. On the other hand, learned counsel for the petitioner submitted that on account of some apprehension expressed by the respondent in appearing in Kota, Rajasthan, such a request for transfer to Chittorgarh, Rajasthan was made.

4. In response, learned counsel for the petitioner states that there is no such apprehension and any apprehension expressed by the petitioner is misplaced.

5. In that view of the matter, we deem it appropriate to transfer the proceedings in G.W. Case No. 189 of 2023 titled ‘Gurudayal Singh Vs. Smt. Harshita Singh’ pending before the Court of Principal Judge, Family Court, District Gautam Buddha Nagar, Uttar Pradesh be transferred to the Presiding Judge, Family Court at Kota, Rajasthan, who may hear the case himself or assign it to a court of competent jurisdiction.

6. Records of the case should immediately be transferred to the transferee court.

7. 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.

8. The parties are at liberty initially to appear through virtual mode. If such request is made, the concerned court may favourably consider the same and thereafter, if need be, the parties can be asked to appear through physical mode.

9. The transfer petition is allowed accordingly.

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

……………………………………………. .J.

[VIKRAM NATH]

……………………………………………. .J.

[SATISH CHANDRA SHARMA]

NEW DELHI;

FEBRUARY 13, 2024.

ITEM NO.1 COURT NO.8 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). 3354/2023 HARSHITA SINGH Petitioner(s)

VERSUS GURUDAYAL SINGH Respondent(s)

(Mediation report has been received.

IA No. 262113/2023 - EX-PARTE STAY IA No. 262114/2023 - EXEMPTION FROM FILING O.T.)

Date : 13-02-2024 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE VIKRAM NATH HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) Mr. Amod Kumar Bidhuri, AOR Mr. Mohd Saquib Siddiqui, Adv.

Ms. Srishti Kasana, Adv.

Mr. Yudhister Bhardwaj, Adv.

Ms. Sunita Verma, Adv.

Ms. Priyanka Singh, Adv.

Ms. Jyoti Sharma, Adv.

For Respondent(s) Ms. Fauzia Shakil, Adv.

Mr. Ujjwal Singh, AOR UPON hearing the counsel the Court made the following

O R D E R

The transfer petition is allowed in terms of the signed order.

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

(SONIA BHASIN) (BEENA JOLLY)

COURT MASTER (SH) COURT MASTER (NSH)

[Signed Order is placed on the file]