Megha Sharma Singh vs. Suresh Kumar Singh

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

Transfer Petition(s)(Civil) No(s). 3013/2022

MEGHA SHARMA SINGH Petitioner(s)

VERSUS

SURESH KUMAR SINGH Respondent(s)

Nisha Khulbey Date: 2023.03.02 17:08:14 IST Reason:

O R D E R

The petitioner is before this Court seeking transfer of petition bearing HMA No. 965 of 2021 titled as "Suresh Kumar Singh Vs Megha Sharma Singh" from the Court of the learned Principal Judge, Karkardooma Family Court, East Delhi to the learned Family Court, Howrah West Bengal.

Heard the learned counsel for the parties and perused the petition papers.

In that light, taking into consideration the grounds taken in the transfer petition to seek transfer, the petition bearing HMA No. 965 of 2021 titled as "Suresh Kumar Singh Vs Megha Sharma Singh" is ordered to be transferred from the Court of the learned Principal Judge, Karkardooma Family Court, East Delhi to the learned Family Court, Howrah West Bengal. Digitally signed by Signature Not Verified

Further, in the facts of the present case, we grant liberty to the respondent to make an appropriate application before the transferee Court to permit the respondent to take part in proceedings through virtual mode. If such request is made, the transferee Court shall take note of the same and permit the respondent and insist on the personal presence only when it becomes absolutely necessary. In the process, if examination of the witnesses from outstation becomes necessary, if such examination is sought through Commission, the Transferee Court shall consider the same.

The Transfer Petition is allowed accordingly.

The records of the case be transferred to the Transferee Court forthwith.

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

...................J. (A.S. BOPANNA)

...................J. (J.B. PARDIWALA)

New Delhi 01st March, 2023 2

ITEM NO.3 COURT NO.12 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). 3013/2022

MEGHA SHARMA SINGH Petitioner(s)

VERSUS

SURESH KUMAR SINGH Respondent(s)

(IA No. 189477/2022 - STAY APPLICATION)

Date : 01-03-2023 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE J.B. PARDIWALA

For Petitioner(s) Mr. Rahul Pratap, AOR

For Respondent(s) Mr. Bankey Bihari, AOR

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

The petition is allowed in terms of the signed order.

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

(NISHA KHULBEY) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR (signed order is place on the file)