Rashmi G Verma vs. Gyanesh M Verma

RASHMI G VERMA Petitioner(s)

VERSUS

GYANESH M VERMA Respondent(s)

O R D E R

• 1. The Petitioner wife has filed this Petition under Section 25 of the Code of Civil Procedure with the prayer for transfer of Case filed by Respondent-husband under Section 13(1)(1A) of the Hindu Marriage Act, 1955, M.J. Petition No.A-1219 of 2011 titled "Shri Gyanesh Mohan Verma versus Smt. Rashmi Gyanesh Verma", pending before the Principal Judge, Family Court, Bandra (East) to the Family Court at Jamshedpur (Jharkhand).
• 2. Looking the factual scenario and also keeping in mind that matter pertains to husband and wife, we referred the matter for an amicable settlement to the Supreme Court Mediation Centre, but mediation has failed. The Mediation Report is on record.
• 3. After having heard learned counsel for the parties and after perusal of the record, we are of the considered opinion that it will be best in the interest of both parties to transfer aforesaid pending matter before the 2

 Principal Judge, Family Court, Bandra (East) to the Family
 Court at Ranchi (Jharkhand). The Petitioner can als
o
 travel a short distance of about 120 Kms. and it is for
 the convenience of Respondent to reach Ranchi by Air
 without loss of much time. Respondent is ready an
d

willing to bear to and fro expenses of the Petitioner to

contest the litigation.

4. Thus, looking to the matter from all angles, we direct that M.J. Petition No.A-1219 of 2011 titled "Shri Gyanesh Mohan Verma versus Smt. Rashmi Gyanesh Verma" stands transferred to the Family Court at Ranchi. Simultaneously, the petition filed by Petitioner-wife under Section 9 of the Hindu Marriage Act, pending before the Family Court, Jamshedpur would also stand transferred to the same Court. Both matters would be heard an

d

disposed of simultaneously in accordance with law and on merits.

• 5. The Respondent would pay a lump sum amount of Rs.1,00,000/- (Rupees One Lakh) to the Petitioner towards her travelling and other miscellaneous expenses. The said amount would be paid to the Petitioner by the Respondent within 15 days from today.
• 6. Both the parties would appear before the transferee Court at Ranchi on 10.4.2012. The Petitioner - wife would file her Written Statement in the Suit within fifteen days from 3

the date, she puts in appearance. The Respondent-husband would also file written statement to the petition filed by the Petitioner within a period of 15 days of appearance. The Court, thereafter, would frame issues and decide both the matters as expeditiously as possible and preferably within a period of nine (9) months from the date of framing of the Issues. It is also expected that none of the parties would seek undue adjournment of the matter.

• 7. Office is directed to send copies of the order to the aforesaid Courts at Bandra (East), Jamshedpur and Ranchi.
• 8. With these directions, this Transfer Petition stands disposed of.

........................J.

........................J. (DIPAK MISRA) NEW DELHI, MARCH 13, 2012. 4 ITEM NO.8 COURT NO.10 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). 1123 OF 2011 RASHMI G VERMA Petitioner(s) VERSUS GYANESH M VERMA Respondent(s) (With appln(s) for exemption from filing O.T.,stay and office report) Date: 13/03/2012 This Petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DEEPAK VERMA HON'BLE MR. JUSTICE DIPAK MISRA For Petitioner(s) Mr. Naushad Alam, Adv. Mr. Deepak Goel,A.O.R. For Respondent(s) Mr. M.P. Jha, Adv. Mr. Onkar Prasad, Adv. Mr. Dharmendra Kumar Sinha,A.O.R. UPON hearing counsel the Court made the following O R D E R In terms of signed order, this Transfer Petition stands disposed of. (A.D. Sharma) (S.S.R. Krishna) Court Master Court Master

(Signed Order is placed on the file)