RAKESH KUMAR vs ABHILASHA KUMARI - 2024-01-05

O R D E R

T.P.(C) NO.2521/202 3 This is a petition filed under Section 25 of the Code of Civi l Procedure, 1908 (for short “CPC”). The petitioner is the husban d while the respondent is the wife. The petitioner has filed thi s Transfer Petition seeking the following reliefs :

“(a) Direct the Transfer of Original Suit (MTS) Cas e No.35/2023 titled as ‘Abhilasha Kumari v. Rakesh Kumar ’ pending before the Court of the Learned Additiona l Principal Judge, Additional Family Court, Hazaribagh , Jharkhand to Family Court, Patiala, Punjab and/or ;

(b) Pass such further or other order(s) as this Hon’bl e Court may deem fit in the interests of justice. ”

Having heard learned counsel for the respective parties, w e are not inclined to grant prayers sought for by the petitioner - husband. However, liberty is reserved to the petitioner to appea r in the aforesaid proceedings either in-person or through vide o conferencing facility .

With the aforesaid observations, the transfer petition stand s disposed of .

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

T.P.(C) No. 773/2023 :

This is a petition filed under Section 25 of the Code of Civi l Procedure, 1908 (for short “CPC”). The petitioner is the wife whil e the respondent is her husband. The petitioner has filed thi s Transfer Petition seeking the following reliefs :

“(a) Transfer case bearing DMA No.975 of 2022 titled a s “Rajesh Kumar Vs. Abhilasha Kumari” pending in the cour t of Ld. Principal Judge, Family Court, Patiala, Punjab t o competent court jurisdiction at Hazaribag Court , Jharkhand .

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

Having heard learned counsel for the petitioner and on perusa l of the material on record, we find that the petitioner has made ou t a case for transfer of the aforesaid petition .

In the result, the Transfer Petition is allowed and th e transfer case bearing DMA No.975 of 2022 titled as “Rajesh Kuma r Vs. Abhilasha Kumari” pending before the Court of Principal Judge , Family Court, Patiala, Punjab is ordered to be transferred to th e Court of competent jurisdiction at Hazaribag Court, Jharkhand . Registry to communicate this order to the transferor court fo r taking steps in accordance with this order .

However, liberty is reserved to the respondent to appea r before the Court in the aforesaid matter through video conferencin g facility. If such a request is made, the Court shall make availabl e video conferencing facility to the respondent herein .

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

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

( B.V. NAGARATHNA )

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

( MANOJ MISRA )

NEW DELHI ;

JANUARY 05, 202 4 ITEM NO.4 COURT NO.12 SECTION XVI I S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDING S TRANSFER PETITION(S)(CIVIL) NO(S). 2521/202 3 RAKESH KUMAR Petitioner(s )

VERSU S ABHILASHA KUMARI Respondent(s )

(IA No. 195697/2023 - EX-PARTE STA Y IA No. 195698/2023 - EXEMPTION FROM FILING O.T. )

WIT H T.P.(C) No. 773/2023 (IV-B )

(MEDIATION REPORT RECEIVED ON 21.10.202 3 IA No. 62117/2023 - EX-PARTE STAY )

Date : 05-01-2024 These matters were called on for hearing today .

CORAM :

HON'BLE MRS. JUSTICE B.V. NAGARATHN A HON'BLE MR. JUSTICE MANOJ MISR A For PARTY (s) Ms. Uttara Babbar, AO R Mr. Pankaj Kumar, AO R Mr. Sandeep Kumar Singh, Adv .

Mr. Shubhendu Saxena, Adv .

Ms. Rashmi Malhotra, AO R Mr. Shalinder Saini, Adv .

Mr. Ajit Pathak, Adv .

UPON hearing the counsel the Court made the followin g

O R D E R

T.P. (C) No.2521/202 3 The Transfer Petition stands disposed of in terms of th e signed order .

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

T.P.(C) No. 773/2023 :

The Transfer Petition is 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 )