Sonam vs. Nilesh

<pre>Court 6 (Video Conferencing)</pre> ITEM NO.1

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Transfer Petition(s)(Civil) No(s). 682/2020

SONAM

Petitioner(s)

VERSUS

NILESH

Respondent $(s)$

(FOR ADMISSION and IA No.33400/2020-STAY APPLICATION and IA No.33403/2020-EXEMPTION FROM FILING O.T. and IA No.173547/2019-DISCHARGE OF ADVOCATE ON RECORD)

Date: 02-09-2020 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE HRISHIKESH ROY

For Petitioner(s) Ms. Tanvi Bhatnagar, Adv. Mr. chanakva Sharma, Adv. Ms. Aman Pandey, Adv. Mr. Harsh Parashar, AOR

For Respondent(s)

UPON hearing the counsel the Court made the following $0 R D E R$

The petitioner (wife) seeks transfer of the Suit $\mathbf{N}$ O. M.P.73/2017 filed by the respondent (Husband) pending in the Court at Nagpur, to a Competent Court at Bhopal, Madhya Pradesh.

Mr. Harsh Prashar, learned counsel for the petitioner submits that the couple initially resided in U.K. after marriage. The respondent initiated Divorce proceedings in the U.K. Court in 🎌 ober, 2013 where he had obtained an Ex Parte divorce decree. $\frac{15.41}{\text{Res}}$ Sumultaneously, the petitioner too filed for divorce on 14.11.2013 in the Bhopal Court and the same is pending. Subsequently the respondent filed the Suit in Nagpur seeking a declaration that the

Ex Parte decree of the U.K. Court is valid and binding upon both parties.

Learned Counsel next submits that the petitioner is pursuing her Divorce case at Bhopal but currently she herself is struck at Barmingham, England because of travel restrictions. Accordingly, it is submitted that the case filed by the respondent at Nagpur, should also be transferred to Bhopal.

Application for discharge of Advocate on record is allowed.

In view of above, let notice returnable in four weeks be issued.

In the meantime, there shall be stay of further proceedings in H.M.P.73 of 2017*, titled "Nilesh S/o Ramesh Rathod Vs. Sonam W/o Nilesh Rathod",* pending before the Civil Judge, Senior Division, Nagpur.

(JATINDER KAUR) (BEENA JOLLY) SENIOR PERSONAL ASSISTANT BRANCH OFFICER