PRITI vs AMIT KUMAR YADAV - 2024-02-14

O R D E R

These are the petitions 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 these Transfer Petitions seeking the following reliefs:

T.P. (C) No.1687/2023:

“(a) transfer the Divorce Petition No.1124 of 2020 Amit Kumar Yadav Vs. Priti under Section 13 of Hindu Marriage Act 1955 before the Hon’ble Family Court No.1, Jaipur Metropolitan Jaipur, Rajasthan filed by the respondent-husband for Dissolution of Marriage from the Court of Hon’ble Court No.1, Jaipur Metropolitan Jaipur, Rajasthan to the Competent Jurisdiction of learned Judge, Family Court, Narnaul, Haryana; and

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

T.P. (C) No. 2189/202 3 :

“(a) transfer the Family Misc. Case No.293 of 2021 titled Amit Kumar Yadav Vs. Priti under Section 26 Hindu Marriage Act, 1955 and Section 7 Family Court Act, 1984 before the Hon’ble Family Court NO.1, Jaipur Metropolitan Jaipur, Rajasthan filed by the respondent-husband seeking handing over the custody of son “Atharv” from the Court of Hon’ble Family Court No.1, Jaipur Metropolitan Jaipur, Rajasthan to the Competent Jurisdiction of learned Judge, Family Court, Narnaul, Haryana; and T.P.(C) NO . 1687/202 3

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

We have heard learned counsel for both the parties.

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

In the result, the Transfer Petitions are allowed and the Divorce Petition No.1124/2020 titled as “Amit Kumar Yadav Vs. Priti” pending before the Family Court No.1, Jaipur Metropolitan Jaipur, Rajasthan is ordered to be transferred to the Family Court, Narnaul, Haryana and the Family Misc. Case No.293 of 2021 titled “Amit Kumar Yadav Vs. Priti” pending before the Family Court No.1, Jaipur Metropolitan Jaipur, Rajasthan is ordered to be transferred to the Family Court, Narnaul, Haryana.

However, liberty is reserved to the respondent to appear before the Court in the aforesaid matters either in-person or through video conferencing facility. If such a request is made, the Court shall make available video conferencing facility to the respondent herein.

Learned counsel for the respondent submitted that since on many dates the petitioner has not appeared in the divorce case, even prior to the stay granted by this Court, a direction may be issued expeditious disposal of the cases.

Since the cases are still at a very nascent stage an opportunity has to be given to the petitioner to file her pleadings in the cases.

T.P.(C) NO . 1687/202 3 Hence, the petitioner is directed to file her pleadings in an expeditious manner and the Family Court is directed to dispose of the matters within one year from the date of filing of the written submissions by the petitioner.

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

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

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

( B.V. NAGARATHNA )

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

( AUGUSTINE GEORGE MASIH )

NEW DELHI;

FEBRUARY 14, 2024 ITEM NO.4 COURT NO.12 SECTION XV 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).1687/2023 PRITI Petitioner(s)

VERSUS AMIT KUMAR YADAV Respondent(s)

(Mediation Report Received From Supreme Court Mediation Centre.

IA No. 131464/2023 - EXEMPTION FROM FILING O.T.

IA No. 131465/2023 - STAY APPLICATION)

WITH T.P.(C) No. 2189/2023 (XV)

IA No. 171504/2023 - EX-PARTE STAY)

Date : 14-02-2024 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) Mr. Pushpinder Singh, AOR Mr. Dharmendar Singh, Adv. Mr. Sudhakar Kulwant, Adv.

Ms. Anmol Sharma, Adv.

Mr. Kumar Kartikay, Adv.

For Respondent(s) Mr. Amit Pawan, AOR Mr. Abhishek Amritanshu, Adv.

Mr. Hassan Z. Waris, Adv.

Ms. Shivangi, Adv.

Mr. Suchit Singh Rawat, Adv.

Mr. Aakarsh, 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 disposed of.

(RADHA SHARMA) (MALEKAR NAGARAJ)

COURT MASTER (SH) COURT MASTER (NSH)

(Signed order is placed on the file)