Karishma Arya vs. Major Akhil Bhaskar
Court:Supreme Court of India
Judge:Hon'ble Hima Kohli
Case Status:Disposed
Order Date:13 Sept 2023
CNR:SCIN010121562023
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Order Issued After Hearing
Purpose:
Ordinary
Before:
Hon'ble Hima Kohli, Hon'ble Rajesh Bindal
Stage:
TRANSFER PETITIONS
Remarks:
Case Allowed
Listed On:
13 Sept 2023
In:
Judge
Category:
UNKNOWN
Interlocutory Applications:
124559/2023,
Original Order Copy
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Order Text
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 1836 OF 2023
KARISHMA ARYA PETITIONER
VERSUS
MAJOR AKHIL BHASKAR RESPONDENT
ORDER
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- The petitioner-wife has filed the present petition under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of a petition for annulment of marriage by grant of decree of nullity filed by the respondent-husband under Section 12(1)(C) of the Hindu Marriage Act, 1955 bearing DMC No.1345/2022 titled "Major Akhil Bhaskar Vs. Karishma Arya", pending before the Court of the Principal Judge, Family Court, Hisar, Haryana to the Family Court, Sikar, Rajasthan.
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- Though service of notice on the respondent is complete, no one has entered appearance on his behalf. Even today, the respondent remains unrepresented.
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- Having heard learned counsel for the petitioner-wife and on examining the grounds taken in the transfer petition, we direct transfer of DMC No.1345/2022 titled "Major Akhil Bhaskar Vs. Karishma Arya" pending before the Court of the Principal Judge, Family Court, Hisar, Haryana to the Family Court, Sikar, Rajasthan.
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- The record of the case be transferred immediately to the transferee Court.
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- Further, liberty is granted to the respondent-husband to move an appropriate application before the transferee Court for permission to participate in the proceedings virtually. If such a request is made, the transferee Court may grant such permission and direct the personal presence of the respondent – husband only when it is absolutely necessary. Further, if examination of the outstation witnesses is required and a request is made for recording the evidence through a Court Commissioner, the transferee Court shall consider the same and pass appropriate orders.
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- The Transfer Petition is allowed on the above terms. Pending application(s), if any, are disposed of.
................................J. ( HIMA KOHLI )
................................J. ( RAJESH BINDAL )
NEW DELHI; 13th SEPTEMBER, 2023.
| ITEM NO.6 | COURT NO.13 | SECTION IV-B |
|---|---|---|
| S U P R E M E<br>C O U R T<br>O F<br>RECORD OF PROCEEDINGS | I N D I A | |
| Transfer Petition(s)(Civil) | No(s).<br>1836/2023 | |
| KARISHMA ARYA | Petitioner(s) | |
| VERSUS | ||
| MAJOR AKHIL BHASKAR | Respondent(s) | |
| (A No. 124559/2023 - EX-PARTE STAY) | ||
| Date : 13-09-2023 This petition was called on for hearing today. | ||
| CORAM : | HON'BLE MS. JUSTICE HIMA KOHLI<br>HON'BLE MR. JUSTICE RAJESH BINDAL | |
| For Petitioner(s) | Ms. Asmita Singh, AOR<br>Mr. Gautam Narayan, Adv.<br>Ms. Asmita Singh, Adv.<br>Mr. Harshit Goel, Adv. |
Mr. Siddhant Singh, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following O R D E R
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- The Transfer Petition is allowed in terms of the signed order.
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- Pending application(s), if any, are disposed of.
(SWETA BALODI) (NAND KISHOR) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file)
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