Niyati Sinha vs. Aditya Kumar

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

Transfer Petition(s)(Civil) No(s). 3284/2023

NIYATI SINHA Petitioner(s)

VERSUS

ADITYA KUMAR Respondent(s)

WITH

T.P.(Crl.) No. 958/2023

MS.NIYATI SINHA Petitioner(s)

Reason:

VERSUS

SH.ADITYA KUMAR & ORS. Respondent(s)

O R D E R

Transfer Petition(s)(Civil) No(s). 3284/2023

1. By way of this petition, filed under Section 25 of the Code of Civil Procedure, the petitioner-wife is seeking transfer of the Divorce Petition being H.M.A. No. 301 of 2019, titled "SH. ADITYA KUMAR vs. MS. NIYATI SINHA" from the Court of learned Additional Principal Judge, Family Court, Ghaziabad to the Court of the learned Principal Judge, Family Court, Gurugram. Digitally signed by NITIN TALREJA Date: 2024.12.06 17:10:48 IST Signature Not Verified

2. Heard learned counsel appearing for the parties.

3. Having regard to the distance between the two places, i.e. from Ghaziabad to Gurugram, and also considering the fact that the evidence has already started before the Family Court at Ghaziabad and the matter is pending since the year 2019, we are not inclined to accept the present petition.

4. Hence, prayer for transfer, as sought for, is declined.

5. Accordingly, the transfer petition is dismissed.

6. Pending application(s), if any, shall stand closed.

Transfer Petition (Crl.) No. 958/2023

1. By way of this petition, the petitioner-wife is seeking transfer of the Complaint Case No. 277/2920 (CNR No.UPGZ04-010211-2020), titled "NIYATI SINHA versus ADITYA KUMAR AND OTHERS" from the Court of learned Additional Chief Judicial Magistrate, Ghaziabad to the Court of the learned Judicial Magistrate 1st Class, Gurugram.

2. Heard learned counsel appearing for the parties.

3. Having regard to the distance between the two places, i.e. from Ghaziabad to Gurugram, and the fact that the matter is pending since the year 2020, we are not inclined to accept the present petition.

4. Hence, prayer for transfer, as sought for, is declined.

5. Accordingly, the transfer petition is dismissed.

6. Pending application(s), if any, shall stand closed.

...................J. (BELA M. TRIVEDI)

...................J. (SATISH CHANDRA SHARMA)

New Delhi 05th December, 2024 ITEM NO.2 COURT NO.12 SECTION XI

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). 3284/2023

NIYATI SINHA Petitioner(s)

VERSUS

ADITYA KUMAR Respondent(s)

([MEDIATION REPORT RECEIVED] IA No. 75108/2024 - EXEMPTION FROM FILING O.T. IA No. 256585/2023 - STAY APPLICATION)

WITH

T.P.(Crl.) No. 958/2023 (II)

IA No. 75105/2024 - EXEMPTION FROM FILING O.T.)

Date : 05-12-2024 These matters were called on for hearing today.

CORAM :

HON'BLE MS. JUSTICE BELA M. TRIVEDI HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

For Petitioner(s) Ms. Saumya Dwivedi, Adv. M/S. Sharan & Associates, AOR

For Respondent(s) Mr. Alok Kumar, Adv. Mr. Pranav Kumar, AOR

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

1. The transfer petitions are dismissed in terms of the

signed order.

2. Pending application(s), if any, shall stand closed.

(NISHA KHULBEY) (MAMTA RAWAT) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH) (signed order is placed on the file)

*physical appearance not given