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). 383/2021

NEETA BHARATBHUSHAN CHOPRA ALIAS NEETA ANANDMOHAN BHARTARIPetitioner(s)

VERSUS

BHARATBHUSHAN SHIVKUMAR CHOPRA Respondent(s) (FOR ADMISSION and I.R. and IA No.30821/2021-EX-PARTE STAY and IA No.30822/2021-EXEMPTION FROM FILING O.T. IA No. 30821/2021 - EX-PARTE STAY) Date : 11-08-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA For Petitioner(s) Mr. Sujoy Chatterjee, AOR Mr. Burjis Shabir, Adv. Mr. Vierat K. Anand, Adv.

For Respondent(s)

Mr. Sudhanshu S. Choudhari, AOR

UPON hearing the counsel the Court made the following O R D E R

Transfer petition is allowed in terms of the signed order.

Pending applications, if any, stand disposed of.

(HARSHITA UPPAL) (PREETHI T.C.) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH) (Signed order is placed on the file)

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

Transfer Petition(s)(Civil) No(s). 383/2021

NEETA BHARATBHUSHAN CHOPRA ALIAS NEETA ANANDMOHAN BHARTARI Petitioner(s)

VERSUS

BHARATBHUSHAN SHIVKUMAR CHOPRA Respondent(s)

O R D E R

Heard the learned counsel appearing for the petitioner. The petitioner-wife is residing in Dehradun, State of Uttrakhand and the respondent-husband is a resident of Nasik, State of Maharashtra. The prayer for transfer made in this petition is in respect of a divorce petition filed by the respondent-husband which is pending in the Family Court at Nasik, State of Maharashtra.

The learned counsel for the petitioner pointed out that the respondent has also filed a civil suit in the Civil Court at Nasik seeking permanent injunction restraining the petitioner from entering her matrimonial home at Nashik. He states on instructions that the petitioner is not interested in defending the said suit, and therefore, the petitioner has not entered appearance in the said suit.

Moreover, the learned counsel for the petitioner states that the petitioner resides with her aged mother and it is not possible for her to contest the proceedings in the Family Court at Nashik.

The learned counsel for the respondent opposes the petition. She submits that though there is no order passed by any Court

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directing payment of maintenance to the petitioner, the respondent -husband on his own is paying a sum of Rs. 10,000/- per month to the petitioner-wife.

In the facts and circumstances of the case, the transfer petition is allowed.

Accordingly, petition bearing A-No. 423/20 titled as "Bharatbhushan Shivkumar Chopra Vs. Neeta Bharatbhushan Chopra Alias Neeta Anandmohan" pending before the Principal Judge, Family Court, Nashik is transferred to the Court of the learned Principal Judge, Family Court, Dehradun in Uttarakhand.

Pending applications, if any, stand disposed of.

…………………………………………J. (ABHAY S. OKA)

11th AUGUST 2022 NEW DELHI