HIMANI GOYAL vs TAPAN AGGARWAL - 2024-01-03

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.

The petitioner has filed this transfer petition seeking the following reliefs:

“(i) Transfer the HMA petition being H.M.A. No.675 of 2022 titled as ‘Himani Goyal vs. Tapan Aggarwal’ filed under Section 13(1)(i)(i- a) of the Hindu Marriage Act, 1955 pending before the Court of Principal Judge, South District Saket Courts, Delhi to the Court of Principal Judge, Family Court, District Mathura, Uttar Pradesh.

(ii) pass such others as this Hon’ble Court may deem fit and proper in the interest of justice in the present facts and circumstances of the case.”

counsel for the respondent.

counsel for the respondent and on perusal of the material on record, we find that the petitioner has made out a case for transfer of the aforesaid petitioner.

In the result, the transfer petition is allowed and H.M.A.

No.675 of 2022 titled as ‘Himani Goyal vs. Tapan Aggarwal’ pending before the Court of Principal Judge, South District Saket Courts, Delhi is transferred to the Court of Principal Judge, Family Court, District Mathura, Uttar Pradesh.

Registry to communicate this order to the transferor court for taking steps in accordance with this order.

However, liberty is reserved to the respondent to appear before the concerned Court in the aforesaid matter through video conferencing facility. If such a request is made, the Court shall make available video conferencing facility to the respondents herein.

. . . . . . . . . ,J

[B.V. NAGARATHNA]

. . . . . . . . . . . . .,J

[AUGUSTINE GEORGE MASIH]

NEW DELHI, JANUARY 03, 2024 ITEM NO.6 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 (Civil) No.1004/2023 HIMANI GOYAL Petitioner(s)

(mediation report has been received IA No. 78532/2023 - EXEMPTION FROM FILING O.T.

IA No. 78530/2023 - STAY APPLICATION)

Date : 03-01-2024 These matters were called on for hearing today.

CORAM :

HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) Ms. Pallavi Pratap, AOR Mr. Ankur Garg, Adv.

Ms. Prachi Pratap, Adv.

Dr. Prashant Pratap, Adv.

Ms. Kinjal Agarwal, Adv.

For Respondent(s) Mr. Rahul Kaushik, Adv.

Ms. Bhuvneshwari Pathak, AOR Mr. Dhanesh Kumar, Adv.

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, if any, shall also stand disposed of.

(KRITIKA TIWARI) (MALEKAR NAGARAJ)

SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

(Signed order is placed on file)