IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (C) NO. 379/2023

MAMTA VIKAS RAWAT PETITIONER(S)

VERSUS

VIKAS PRATAP SINGH RAWAT RESPONDENT(S)

O R D E R

This is a petition filed under Section 25 of the Code of Civil Procedure, 1908 (for short "CPC"). The petitioner is the wife of the respondent. The petitioner has filed this Transfer Petition seeking the following reliefs:

• "(a) to allow this transfer petition and transfer the Marriage Petition No.7 of 2022 titled as Vikas Pratap Singh Rawat Versus Mamta Vikas Rawat pending in the Court of Ld. Civil Judge Link Court (S.D.) Thane, to the Court of Ld. Principal Judge, Family Courts, Saket, New Delhi.
• (b) Pass such other and further order or orders as this Hon'ble Court may deem fit in the circumstances of the case."

On perusal of the Office Report it is noted that the respondent has been served. However, today there is no representation on behalf of the respondent. It is also noted that that the mediation between the parties has failed.

In the circumstances, we have heard learned counsel for the petitioner.

Having heard learned counsel for the petitioner and on perusal of the material on record, we find that the petitioner has made out a case for transfer of the aforesaid petition. Digitally signed by RADHA SHARMA Date: 2024.05.30 16:17:42 IST Reason: Signature Not Verified

**In the result, the Transfer Petition is allowed and the Marriage Petition No.7/2022 titled as "**Vikas Pratap Singh Rawat Vs. Mamta Vikas Rawat" pending before the Court of Civil Judge Link Court (S.D.) Thane is ordered to be transferred to the Court of Principal Judge, Family Courts, Saket, New Delhi.

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

However, liberty is reserved to the respondent to appear before the Court in the aforesaid matter through video conferencing facility. If such a request is made, the Court shall make available video conferencing facility to the respondent herein.

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

………………………………………………………….,J. ( B.V. NAGARATHNA )

………………………………………………………….,J. ( SATISH CHANDRA SHARMA )

NEW DELHI; MAY 28, 2024

2

ITEM NO.1 COURT NO.3 SECTION IX

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(S).379/2023

MAMTA VIKAS RAWAT Petitioner(s)

VERSUS

VIKAS PRATAP SINGH RAWAT Respondent(s)

(MEDIATION REPORT RECEIVED IA No. 31111/2023 - STAY APPLICATION)

Date : 28-05-2024 This matter was called on for hearing today.

CORAM :

HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA (VACATION BENCH)

For Petitioner(s) Mr. Himanshu Mehra, Adv. Mr. Ankur Yadav, AOR

For Respondent(s) Mr. Manish Kumar Vicky, Adv. Mr. Vibhav Mishra, AOR

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.

(RADHA SHARMA) (MALEKAR NAGARAJ) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file)