MINAKSHI vs SACHIN KUMAR MISHRA - 2024-02-08

O R D E R

1. Delay condoned.

2. This transfer petition has been filed by the petitioner-wife. The respondent–husband has filed a petition under section 13 (I)(ia) & (iii) of Hindu Marriage Act,1955 for dissolution of marriage by a Decree of Divorce pending before the Court of Principal Judge, Family Courts, Tis Hazari District Courts, Delhi. The petitioner-wife prays that the matter be transferred to the Civil Court Motihari, East Champaran District, Bihar.

3. The service of notice on respondent-husband is complete.

4. This matter was referred to the Supreme Court Mediation Centre and now a Report has been received from the Mediation Centre pointing out that the parties are not agreeable to arrive at an amicable settlement at this stage. 4. Considering the facts and circumstances of the case, we are of the view that the matter is liable to be transferred.

5. Accordingly, this Transfer Petition is allowed and case bearing HMA No. 1084/2022, titled as "Shri Sachin Kumar Mishra vs. Smt. Minakshi", pending before the Court of Principal Judge, Family Courts, Tis Hazari, Delhi is hereby transferred to the Civil Court Motihari, East Champaran District, Bihar.

6. After the matter is transferred to the Civil Court Motihari, East Champaran District, Bihar, the concerned Court will give fresh notice to all the parties by fixing a date and the aforesaid matter shall proceed at the Civil Court Motihari, East Champaran District, Bihar from the stage it was left at the Court of Principal Judge, Family Courts, Tis Hazari, Delhi.

7. The parties may be allowed to appear virtually, unless their physical presence is required.

8. The records of the case be transferred to the transferee Court forthwith.

9. All pending applications stand disposed of.

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

(SUDHANSHU DHULIA)

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

(PRASANNA B. VARALE)

New Delhi February 08, 2024 ITEM NO.5 COURT NO.16 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) Diary No(s). 22814/2023 MINAKSHI Petitioner(s)

VERSUS SACHIN KUMAR MISHRA Respondent(s)

(mediation report has been received IA No. 139628/2023 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS, IA No. 141211/2023 - EX-PARTE STAY)

Date : 08-02-2024 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE PRASANNA BHALACHANDRA VARALE For Petitioner(s) Ms. Tanu Priya Gupta, AOR Ms. Shivangi Goel, Adv. Ms. Khushi Sharma, Adv.

For Respondent(s) Mr. Rajesh Srivastava, AOR Mr. Gaurav Verma, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Delay condoned.

The transfer petition is allowed in terms of signed order.

All pending applications stand disposed of.

(NEETA SAPRA) (RENU BALA GAMBHIR)

COURT MASTER (SH) COURT MASTER (NSH)

(Signed order is placed on the file)