SIMPI SRIVASTAVA @ PREMA SRIVASTAVA vs VISHAL KUMAR SINHA - 2024-01-08

O R D E R

As per the office report, the respondent has been served.

However, none has appeared on behalf of the respondent.

It may be noted that by the order dated 03.11.2023, while issuing notice, proceedings in Original Suit (MTS) no. 156/2023 titled as "Vishal Kumar Sinha vs. Simpi Srivastava @ Prema Srivastava", pending before the Court of the Principal Judge, Family Court, Palamu at Daltonganj, Jharkhand, were stayed. It is, therefore, apparent that the respondent would be aware of the pendency of the present petition.

In view of the aforesaid, the respondent is proceeded, ex- parte.

Having given due consideration to the contentions raised by the petitioner, the averments made in the transfer petition, and in the interest of justice, the transfer petition is allowed.

Accordingly, Original Suit (MTS) no. 156/2023 titled as

"Vishal Kumar Sinha vs. Simpi Srivastava @ Prema Srivastava", pending before the Court of the Principal Judge, Family Court, Palamu at Daltonganj, Jharkhand is directed to be transferred to the court of Principal Judge, Family Court, Pathankot, Punjab, who may hear the case himself or assign it to a court of competent jurisdiction.

Records of the case would be immediately transferred to the transferee court.

To cut short delay, parties are directed to appear before the transferee court on 28.02.2024. On the said date and thereafter, the parties may appear in-person or through the authorized representatives, or through video-conferencing if the said facility is available in the transferee court. In case there is non- appearance on behalf of any party on the date fixed by this Court, notice would be issued by the transferee court to the defaulting party.

The parties may explore possibility of settlement through mediation. The transferee court would obtain the desire and wishes of the parties and proceed accordingly in this regard.

The transferee court would decide the matter expeditiously.

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

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

(SANJIV KHANNA)

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

(DIPANKAR DATTA)

NEW DELHI;

JANUARY 08, 2024.

ITEM NO.1 COURT NO.2 SECTION XVII 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. 2865 OF 2023 SIMPI SRIVASTAVA @ PREMA SRIVASTAVA PETITIONER(S)

VERSUS VISHAL KUMAR SINHA RESPONDENT(S)

(IA No. 219872/2023 - EX-PARTE STAY)

Date : 08-01-2024 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE DIPANKAR DATTA For Petitioner(s)

Mr. Lekh Raj Rehalia, Adv.

Mr. Vijay Pal, Adv. Mr. Deepankar, Adv.

Mr. Mahendra Singh, Adv.

Mr. Raj Vir Singh, Adv.

Mr. Rajesh Kumar Rath, Adv.

Mr. Santosh Kumar, Adv.

Mr. Kothapally Jagdish, Adv. Mr. Pramod Kumar Singh, Adv.

Mr. Kailash Prashad Pandey, AOR For Respondent(s)

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

(DEEPAK GUGLANI) (R.S. NARAYANAN)

AR-cum-PS ASSISTANT REGISTRAR

(signed order is placed on the file)