RUCHI BALANI ALIAS RUCHI RAHUL MOGRI vs RAHUL RAJEEV MOGRI - 2024-01-04

O R D E R

On perusal of the office report, it is noted tha t service of notice on the respondent was effected o n 17.11.2023. However, there is no representation on behalf o f the respondent .

In the circumstances, we have heard learned counse l for the petitioner .

The petitioner has filed this transfer petition seekin g the following reliefs: :

“a) Transfer the Petition A/837/2023 titled as “Mr . Rahul Rajeev Mogri V. Ruchi Balani alias Ruchi Rahu l Mogri” under Section 13(1)(ia) of the Hindu Marriag e Act, 1955, pending in the Court of Principal Judge , Family Court No.1, Pune, seeking decree of Divorce t o the Court of Principal Judge, Family Court, Bikaner , Rajasthan ;

b) pass such further or other orders, as this Hon’bl e Court may deem fit and proper in the facts an d circumstances of the case. ”

Learned counsel for the petitioner, during the course o f his submissions, brought to our notice the fact that ther e Contd. .

are two other proceedings pending before the Competent Court s at Bikaner, Rajasthan. One of them being a proceeding , namely, Criminal Misc. No.436 of 2023 filed under Section 12 5 Cr.P.C., which is pending before the Family Court, Bikane r District Court, Bikaner (Rajasthan) .

Having heard learned counsel for the petitioner and o n perusal of the material on record, we find that th e petitioner has made out a case for transfer of the aforesai d petition .

In the result, the transfer petition is allowed an d Petition A/837/2023 pending in the Court of Principal Judge , Family Court No.1, Pune, is ordered to be transferred to th e Court of Principal Judge, Family Court, Bikaner, Rajasthan .

The aforesaid petition to be clubbed with the petitio n filed by the petitioner herein under Section 125 Cr.P.C. an d tried together .

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

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

( B.V. NAGARATHNA )

……………..……………………………………J .

[AUGUSTINE GEORGE MASIH ]

NEW DELH I JANUARY 04, 202 4 ITEM NO.4 COURT NO.12 SECTION I X 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). 2223/202 3 RUCHI BALANI ALIAS RUCHI RAHUL MOGRI Petitioner(s )

VERSU S RAHUL RAJEEV MOGRI Respondent(s )

(FOR ADMISSION and IA No.176259/2023-EX-PARTE STAY )

Date : 04-01-2024 This petition was called on for hearing today .

CORAM :

HON'BLE MRS. JUSTICE B.V. NAGARATHN A HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASI H For Petitioner(s) Mr. Abhishek Gautam, AO R Ms. Suruchi Mittal, Adv .

Mr. Navin Kumar, Adv .

Mr. Rajesh Kumar Rath, Adv .

Mr. Karan Kapur, Adv .

For Respondent(s )

UPON hearing the counsel the Court made the followin g

O R D E R

The Transfer Petition is allowed in terms of the signe d order .

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

(NEETU SACHDEVA) (MALEKAR NAGARAJ ) Assistant Registrar-cum-PS Court Master (NSH )

(signed order is placed on the file )