IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO. 1997 OF 2023

ANKITA SINHA	Petitioner(s)
	VERSUS
ANSHUMAN SINHA	Respondent(s)
WITH
TRANSFER PETITION (CIVIL) NO. 1975 OF 2023
ANKITA SINHA	Petitioner(s)
	VERSUS
ANSHUMAN SINHA	Respondent(s)

O R D E R

The petitioner (wife) has filed these transfer petitions seeking transfer of Miscellaneous Case No. 329 of 2023 titled as Anshuman Sinha v. Ankita Sinha filed by the respondent under Section 26 of the Hindu Marriage Act, 1955, pending before the Court of Additional District Judge, 9th Court, 24 Parganas (South), Alipore, West Bengal, to a Court of competent jurisdiction in District Gautam Buddha Nagar, Uttar Pradesh, and of Matrimonial Suit No. 1384 of 2023 titled as Anshuman Sinha v. Ankita Sinha filed by the respondent under Section 13 of the Hindu Marriage Act, 1955, pending before the Court of Additional District Judge, 9th Court, 24 Parganas Digitally signed by Date: 2024.04.29 Signature Not Verified

Nidhi Ahuja

17:55:38 IST Reason:

TRANSFER PETITION (CIVIL) NO. 1997 OF 2023 etc.

(South), Alipore, Kolkata, West Bengal to a Court of competent jurisdiction at Noida, District Gautam Buddha Nagar, Uttar Pradesh.

Vide order dated 06.10.2023 passed by this Court, the parties were referred for mediation before the Supreme Court Mediation Centre to mediate the issues and for settlement. As per the report dated 23.02.2024 received from the Supreme Court Mediation Centre, mediation remained unsuccessful.

Having heard learned counsel for the parties and considering the fact that two minor daughters aged 6 and 8 years respectively are with the petitioner (mother), it would be inconvenient to the petitioner who is staying at Noida to attend the proceedings at Kolkata. Accordingly, we deem it appropriate to allow these transfer petitions.

Accordingly, Miscellaneous Case No. 329 of 2023 titled as Anshuman Sinha v. Ankita Sinha filed by the respondent under Section 26 of the Hindu Marriage Act, 1955, and Matrimonial Suit No. 1384 of 2023 titled as Anshuman Sinha v. Ankita Sinha filed by the respondent under Section 13 of the Hindu Marriage Act, 1955, pending before the Court of Additional District Judge, 9th Court, 24 Parganas (South),

2

TRANSFER PETITION (CIVIL) NO. 1997 OF 2023 etc.

Alipore, Kolkata, West Bengal, are ordered to be transferred to the Court of District Judge, Gautam Buddha Nagar, Uttar Pradesh, who may deal with the cases himself or assign the same to a Court of competent jurisdiction in Gautam Buddha Nagar, Uttar Pradesh.

Needless to observe that the transferee Court may allow the presence of the respondenthusband on virtual platform without insisting for his presence on every date until required necessarily.

Let the records of the case be transferred to the transferee Court without delay and an intimation be sent to both the Courts through email for compliance.

The transfer petitions are, accordingly, allowed.

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

………………………………………., J. [ J.K. MAHESHWARI ]

………………………………………., J.

[ SANJAY KAROL ]

New Delhi; April 24, 2024. TRANSFER PETITION (CIVIL) NO. 1997 OF 2023 etc.

ITEM NO.3 COURT NO.9 SECTION XVI

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. 1997/2023

ANKITA SINHA Petitioner(s)

VERSUS

ANSHUMAN SINHA Respondent(s)

(Mediation report received.) (IA No. 154759/2023 - EX-PARTE STAY)

WITH

T.P.(C) No. 1975/2023 (XVI) (IA No. 153975/2023 - EX-PARTE STAY)

Date : 24-04-2024 These matters were called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE J.K. MAHESHWARI HON'BLE MR. JUSTICE SANJAY KAROL

For Petitioner(s) Mr. Utkarsh Srivastava , AOR

For Respondent(s) Dr. Sumant Bharadwaj, Adv. Ms. Mridula Ray Bharadwaj, AOR Mr. Vedant Bharadwaj, Adv. Mr. Y.R. Mishra, Adv. Mr. Tanay Hari Har Lal, Adv. Dr. Manoj Kumar, Adv. Mr. D.P. Shahi, Adv.

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

The transfer petitions are allowed in terms of the signed order.

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

(NIDHI AHUJA) (POOJA SHARMA) AR-cum-PS COURT MASTER (NSH) [Signed order is placed on the file.]