Dimple Arora vs. Neetant Arora

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION(S)(CIVIL) NO(S).1120/2015

DIMPLE ARORA PETITIONER(S)

VERSUS

NEETANT ARORA RESPONDENT(S)

WITH

TRANSFER PETITION(S)(CRL.) NO. 415/2016

GAURI ARORA AND ANR. ...PETITIONER(S)

VERSUS

STATE OF PUNJAB AND ANR. ...RESPONDENT(S)

O R D E R

1. Transfer Petition (C) No.1120 of 2015 has been filed by the wife (Dimple Arora) seeking transfer of divorce proceedings instituted by the husband (Neetant Arora) bearing O.P. No.602/2015 titled 'Neetant Arora vs. Dimple Arora' pending in the Family Court, Ranga Reddy, ATLB Nagar, Telangana to the Court of competent Jurisdiction in Amritsar, Punjab.

Digitally signed by NEETU KHAJURIA Date: 2017.08.05 13:23:23 IST Reason: Signature Not Verified 2. Transfer Petition (Crl.) No.415 of 2016 has been filed by the mother-in-law (Gauri Arora) and the husband (Neetant Arora) of the petitioner (Dimple Arora) in Transfer Petition (C) No.1120 of 2015 seeking transfer of proceedings instituted under Section 406/498A IPC by the petitioner (Dimple Arora in Transfer Petition (C) No.1120 of 2015) bearing Criminal Case No.25/2016 titled as 'State vs. Neetant Arora and Anr.' pending before the Illaqa Judicial magistrate, First Class, Amritsar, Punjab to a competent Court in Delhi or Bangalore.

3. We have heard the learned counsels for the parties.

4. We have taken note of the fact that all attempts at settlement of the dispute between the parties have failed.

5. We have considered the grounds on which the wife (Dimple Arora) has sought transfer of the divorce proceedings and has resisted the transfer of the criminal proceedings in respect of which prayer has been made in Transfer Petition (Crl.) No.415 of 2016.

6. We have also taken into account the statements made on behalf of the respondent in Transfer Petition (C) No.1120 of 2015 and the

2

petitioners in Transfer Petition (Crl.) No.415 of 2016 that the aforesaid parties have reasonable apprehension if the proceedings are to be transferred to Amritsar at the behest of the wife. It is also pointed out that the mother-in-law (Gauri Arora), who is the first petitioner in Transfer Petition (Crl) No.415 of 2016, is aged about 66 years and it will be difficult for her to move from Hyderabad to Amritsar to attend the proceedings if the same are to be held in Amritsar.

7. Taking into account all the grounds on which transfer has been sought for by the wife (Dimple Arora) and the difficulties pointed out on behalf of the mother-in-law (Gauri Arora) and the husband (Neetant Arora), as stated above, we are of the view that the proceedings of divorce instituted by the respondent-husband (Neetant Arora) in Transfer Petition (C) No.1120 of 2015 i.e. case bearing O.P. No.602/2015 pending before the Family Court, Ranga Reddy, ATLB Nagar, Telangana should be transferred to the competent Family Court at Amritsar, Punjab. We order accordingly. For

3

the same reason, we are not inclined to accede to the request of transfer of criminal proceedings made in Transfer Petition (Crl.) No.415 of 2016.

8. We direct the Family Court, Ranga Reddy, ATLB Nagar, Telangana shall send the case record to the transferee Court promptly and without any delay.

9. On receipt of the case records, the transferee Court is directed to make all endeavour for amicable settlement, failing which for early decision in the case without unnecessary adjournments.

10. We would further like to observe that if the respondent-husband (Neetant Arora) in Transfer Petition (C) No.1120 of 2015 and petitioners (Gauri Arora and Neetant Arora) in Transfer Petition (Crl) No.415 of 2016 continue to entertain any apprehension with regard to the conduct of the proceedings in Amritsar, they may approach the concerned authority, who will look into the matter and take appropriate action as may be required. Insofar as the old age of the first petitioner (Gauri Arora) in

4

Transfer Petition (Crl) No.415 of 2016 is concerned, we are of the view that if the said petitioner is unable to go to Amritsar to take part in the proceedings, it is always open for her to resort to the provisions of Section 205 of the Cr.P.C. by filing an appropriate application, which if so filed will be considered by the learned trial Court in accordance with law.

11. Consequently, Transfer Petition (C) No.1120 of 2015 is allowed and Transfer Petition (Crl) No.415 of 2016 is dismissed.

....................,J. (RANJAN GOGOI)

....................,J. (PRAFULLA C. PANT)

....................,J. (NAVIN SINHA)

NEW DELHI JULY 27, 2017

6

ITEM NO.1 COURT NO.4 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). 1120/2015

DIMPLE ARORA Petitioner(s)

VERSUS

NEETANT ARORA Respondent(s)

WITH

T.P.(Crl.) No. 415/2016 (XVI -A)

Date : 27-07-2017 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE PRAFULLA C. PANT HON'BLE MR. JUSTICE NAVIN SINHA

For Petitioner(s) Mr. Tushar Bakshi, AOR

Mr. Dushyant Parashar, Adv. Mr. Nitish Ojha, Adv. Mr. Pranav Vyas, Adv. For Mr. Surya Kant, AOR

Mr. Puneet Singh Bindra, AOR(NP)

For Respondent(s) Mr. Dushyant Parashar, Adv. Mr. Nitish Ojha, Adv. Mr. Pranav Vyas, Adv. For Mr. Surya Kant, AOR

Mr. Tushar Bakshi, AOR

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

Transfer Petition (C) No.1120 of 2015 is allowed and Transfer Petition (Crl) No.415 of 2016 is dismissed in terms of the signed order.

(NEETU KHAJURIA) COURT MASTER

(ASHA SONI) BRANCH OFFICER

(Signed order is placed on the file)