IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION

Transfer Petition(s)(Civil) No(s). 2856/2022 SHIVANI GROVER Petitioner(s)

VERSUS

Digitally signed by Nisha Khulbey

GAUTAM Respondent(s)

O R D E R

The petitioner is before this Court seeking transfer of Divorce Petition bearing DMC No. 173 of 2022, titled as "Gautam V. Shivani Grover" from the learned Court of the Principal Judge, Family Court of Panipat, Haryana to the learned Judge of Family Court, Rishikesh, Uttarakhand.

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, we direct the transfer of Divorce Petition bearing DMC No. 173 of 2022, titled as "Gautam V. Shivani Grover" from the learned Court of the Principal Judge, Family Court of Panipat, Haryana to the learned Judge of Family Court, Rishikesh, Uttarakhand. Signature Not Verified

The records of the case be transferred to the Transferee Court forthwith. Date: 2023.01.27 16:17:29 IST Reason:

Needless to mention that if the parties seek for referring the matters to Mediation to explore the possibility of settlement of their matrimonial disputes, the Transferee Court, before taking up the petitions for consideration on merits, shall take steps in that regard and refer the matters to mediation for an amicable settlement.

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.

Accordingly, the Transfer Petition is allowed.

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

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

...................J. (HIMA KOHLI)

New Delhi 25th January, 2023 2

ITEM NO.4 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). 2856/2022

SHIVANI GROVER Petitioner(s)

VERSUS

GAUTAM Respondent(s)

IA No. 179832/2022 - EXEMPTION FROM FILING O.T. IA No. 179833/2022 - STAY APPLICATION)

Date : 25-01-2023 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MS. JUSTICE HIMA KOHLI

For Petitioner(s) Mr. Raahul Trivedi, Adv. Mr. Ashok Trivedi, Adv. Mr. Riyaan Bhola, Adv. Ms. Jasmine Khurana, Adv. Mrs. Priti Jignesh Joshi, Adv. Mr. Vaibhav Dixit, Adv. Ms. Palak Gupta, Adv. Ms. Priyanka Soni, Adv. Mr. Prabodh Kumar, AOR For Respondent(s) Mr. Randhir Kumar Ojha, AOR Mr. Arvind Kumar Singh, Adv.

Ms. Rashi Jaiswal, Adv.

Ms. Kumari Rashmi Rani, 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 application(s), if any, shall stand disposed of.

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