Lakhvinder Kaur vs. Pradeep Kumar

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

Transfer Petition(Civil) No.439/2022

LAKHVINDER KAUR Petitioner(s)

VERSUS

PRADEEP KUMAR Respondent(s)

O R D E R

1. The petitioner (wife) seeks transfer of H.M.A. Petition No. 1754 of 2021 titled "Pradeep Kumar vs Lakhvinder Kaur" filed by the respondent (husband) under Section 13 (1) (ia) and (iii) of the Hindu Marriage Act, 1955, seeking decree of divorce, which is pending before the Court of Principal Judge, Family Court, Dwarka District Court, New Delhi.

2. The petitioner (wife) seeks transfer of the abovestated case to the Court of Principal Judge, Family Court at S.A.S. Nagar, Mohali, Punjab.

3. The marriage between the parties was solemnized on 19102020. 4. Heard learned counsel appearing for the parties and perused the material placed on record.

5. Taking into consideration the distance between S.A.S. Nagar, Mohali and Delhi which is more than 250 kms and the fact that the petitioner has to look after her ailing mother, it would be difficult for her to travel to Delhi to pursue the case instituted by the respondent (husband). Thus, without expressing any views on Digitally signed by VISHAL ANAND Date: 2022.12.17 16:22:16 IST Reason: Signature Not Verified

the merits of the case, we allow the Transfer Petition and consequently the H.M.A. Petition No.1754 of 2021 titled "Pradeep Kumar vs Lakhvinder Kaur", pending before the Court of Principal Judge, Family Court, Dwarka District Court, New Delhi is ordered to be transferred to the Principal Judge, Family Court at S.A.S. Nagar, Mohali, Punjab.

6. The records be forwarded to the transferee Court forthwith.

7. The respondent (husband) shall be at liberty to approach the Family Court, Mohali, Punjab to allow him to appear through virtual mode, except when his physical appearance is mandatorily required.

…………………………………J (SURYA KANT)

…………………………………J
(J.K. MAHESHWARI)

NEW DELHI 6TH DECEMBER, 2022. ITEM NO.7 COURT NO.11 SECTION XVIA

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.439/2022

LAKHVINDER KAUR Petitioner(s)

VERSUS

PRADEEP KUMAR Respondent(s)

(Mediation Report has been received) (IA No. 28105/2022 EXPARTE STAY, IA No. 117257/2022 EXEMPTION FROM FILING AFFIDAVIT & IA No. 116112/2022 EXEMPTION FROM FILING AFFIDAVIT)

Date : 06122022 This matter was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE J.K. MAHESHWARI

For Petitioner(s)

Mr. Surinder Singh, Adv. Mr. Navneet Singh, Adv. Mr. Arvind Gupta, Adv. Mr. Rajesh Jansra, Adv. Mr. Arvind Gupta, AOR For Respondent(s) Mr. Rohit Anil Rathi, AOR Mr. Pratyush Prasanna, Adv. Apoorva Thakral, Adv.

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 applications also stand disposed of.

(VISHAL ANAND) (DIPTI KHURANA) ASTT. REGISTRARcumPS ASSISTANT REGISTRAR (Signed Order is placed on the file)