Pallavi Shivam Saraswat vs. Shivam Vijay Saraswat

CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO. 1089 OF 2012

PALLAVI SHIVAM SARASWAT PETITIONER(s)

VERSUS

SHIVAM VIJAY SARASWAT RESPONDENT(s)

O R D E R

This is wife's petition for transfer of matrimonial case being H.M.A. No. 343 of 2012, titled as "Shivam Vijay Saraswat vs. Pallavi Shivam Saraswat", from the Family Court, Pune, Maharashtra to the Family Court, Lucknow, Uttar Pradesh.

2. The notice of Transfer Petition has been served on the respondent and he has filed counter-affidavit in opposition to the Transfer Petition.

3. We have perused the averments made in the Transfer Petition and the counter-affidavit.

4. Having regard to the fact that the petitioner-

wife is presently residing in Gomti Nagar, Lucknow, we are satisfied that greater hardship shall be caused to her in case the proceedings in the above matrimonial case are allowed to be continued at Pune, Maharashtra.

5. We, accordingly, allow the transfer petition and transfer matrimonial case being H.M.A. No. 343 of

2012, titled as "Shivam Vijay Saraswat vs. Pallavi Shivam Saraswat", from the Family Court, Pune, Maharashtra to the Family Court, Lucknow, Uttar Pradesh. The transferrer court shall transmit the record and proceedings of the transferred matrimonial case to the transferee court without any delay.

6. The transferee court is requested to hear and decide the transferred matrimonial case as expeditiously as may be possible. The parties are directed to co-operate with the transferee court in expeditious disposal of the matrimonial case.

7. No costs.

...............................J. ( R.M. LODHA )

...............................J. ( J. CHELAMESWAR )

...............................J. ( MADAN B. LOKUR )

NEW DELHI FEBRUARY 4, 2013.

ITEM NO.4 COURT NO.5 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS TRANSFER PETITION (CIVIL.) NO(s). 1089 OF 2012 PALLAVI SHIVAM SARASWAT Petitioner(s) VERSUS SHIVAM VIJAY SARASWAT Respondent(s) (With appln(s) for stay and office report ) Date: 04/02/2013 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE R.M. LODHA HON'BLE MR. JUSTICE J. CHELAMESWAR HON'BLE MR. JUSTICE MADAN B. LOKUR For Petitioner(s) Ms. Manisha Bhandari, Adv. for Mr. Rameshwar Prasad Goyal,Adv. For Respondent(s) Mr. Praveen Swarup,Adv. UPON hearing counsel the Court made the following O R D E R Transfer Petition is allowed in terms of signed order. No costs. |(Pardeep Kumar) | |(Renu Diwan) | |Court Master | |Court Master |

[SIGNED ORDER IS PLACED ON THE FILE ]