IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (C)No.1204 of 2022

SEEMA JANGIR

PETITIONER

VERSUS

JAIDEEP JANGIR

RESPONDENT

O R D E R

The petitioner-wife seeks transfer of HMA No.390 of 2019 1. (Renumbered as Family Main Case No.416/2019), titled as "Jaideep Jangir vs. Seema Jangir", filed by the respondent-husband under Section 13 of the Hindu Marriage Act, 1955, for dissolution of marriage, which is pending before the Court of Principal Judge, Family Court No.2, Ajmer, Rajasthan. The petitioner-wife seeks transfer thereof to the Court of Principal Judge, Family Court, Ambala, Harvana.

2. At the joint request of learned counsel for the parties, vide Order dated 19.10.2022, the matter was referred to the Supreme Court Mediation Centre to explore the possibility of an amicable settlement of the matrimonial dispute. As per Mediation Report de 20.01.2023, the parties have not been able to arrive at an amicable settlement and hence, the mediation has been unsuccessful.

3. The marriage between the parties was solemnized on 05.12.2015 and a boy born out of the wedlock on 01.08.2017, is under the care and custody of the petitioner – wife.

4. Heard learned counsel for the parties and carefully perused the material placed on record.

5. The petitioner-wife has sought transfer of the case mainly on the ground of her inability to travel from Ambala, Haryana to Ajmer, Rajasthan, which is at a distance of approximately 600 kms, to attend the proceedings of the case filed by the respondent-husband, leaving her minor son.

6. Taking into consideration the hardships which are likely to be faced by the petitioner-wife in contesting the case at Ajmer, Rajasthan but without expressing any opinion on the merits of the case, we deem it appropriate to allow the instant petition.

7. The Transfer Petition is, accordingly, allowed and HMA No.390 of 2019 (Renumbered as Family Main Case No.416/2019), titled as "Jaideep Jangir vs. Seema Jangir", filed by the respondenthusband under Section 13 of the Hindu Marriage Act, 1955, for dissolution of marriage, which is pending before the Court of Principal Judge, Family Court No.2, Ajmer, Rajasthan is ordered to be transferred to the Court of Principal Judge, Family Court, Ambala, Haryana. The records be forwarded to the Transferee Court forthwith.

8. As the respondent – husband is stated to be working in Union Bank of India at Delhi, the Transferee Court is directed to permit him to appear through Video Conferencing except on such dates when his presence is compulsorily required.

2

As a result, pending interlocutory applications stand $$ disposed of.

$\ldots\ldots\ldots\ldots\ldots\ldots\ldots\ldots\ldots$ (SURYA KANT)

$\cdots \cdots \cdots \cdots \cdots \cdots \cdots \cdots \cdots \cdots$ (J.K. MAHESHWARI)

NEW DELHI; JANUARY 30, 2023.

ITEM NO.6 COURT NO.9 SECTION XVI-A

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).1204/2022

SEEMA JANGIR Petitioner(s)

VERSUS

JAIDEEP JANGIR Respondent(s)

(MEDIATION REPORT DATED 20.01.2023 RECEIVED. IA No.77909/2022 - EXEMPTION FROM FILING O.T. IA No.77908/2022 - STAY APPLICATION)

Date : 30-01-2023 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. Siddharth Mittal, AOR Mr. Prabhat Kumar, Adv. Mr. Kshitiz Chauhan, Adv. Ms. Shilpa G.Mittal, Adv.

For Respondent(s) Mr. Anand Shankar, AOR Mr. Prama Nand, Adv. Mr. Debashis Mukherjee, 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. The records be forwarded to the Transferee Court forthwith.

As a result, pending interlocutory applications stand disposed of.

(SATISH KUMAR YADAV) (PREETHI T.C.) DEPUTY REGISTRAR COURT MASTER (NSH) (Signed order is placed on the file)