Komal Sharma vs. Amul Pachori

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO.277/2024

KOMAL SHARMA PETITIONER

VERSUS

AMUL PACHORI RESPONDENT

Digitally signed by KAVITA PAHUJA Date: 2024.04.23 17:06:45 IST Reason:

Signature Not Verified

O R D E R

1. This transfer petition has been filed by the petitioner-wife. The respondent–husband has filed Petition under Section 9 of the Hindu Marriage Act, 1955 before the Judge, Family Court, Mainpuri, Uttar Pradesh. The petitioner-wife prays that the matter be transferred to the Judge, Family Court, Haridwar, Uttarakhand.

2. The service of notice on respondent-husband is complete but none has entered appearance on his behalf. 3. Considering the facts and circumstances of the case, we are of the view that the matter is liable to be transferred.

4. Accordingly, this Transfer Petition is allowed and case bearing Case No.480 of 2023, titled as "Amul Pachori vs. Komal Pachori", pending before the Judge, Family Court, Mainpuri, Uttar Pradesh is hereby

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transferred to the Judge, Family Court, Haridwar, Uttarakhand.

5. After the matter is transferred to the Judge, Family Court, Haridwar, Uttarakhand, the concerned Court will give fresh notice to all the parties by fixing a date and the aforesaid matter shall proceed at the Judge, Family Court, Haridwar, Uttarakhand from the stage it was left at the Court of Judge, Family Court, Mainpuri, Uttar Pradesh.

6. The parties may be allowed to appear virtually, unless their physical presence is required.

7. The records of the case be transferred to the transferee Court forthwith.

8. All pending applications stand disposed of.

...................J. (SUDHANSHU DHULIA)

...................J. (PRASANNA B. VARALE)

NEW DELHI APRIL 18, 2024

ITEM NO.4 COURT NO.17 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 (Civil) No.277/2024

KOMAL SHARMA Petitioner(s)

VERSUS

AMUL PACHORI Respondent(s)

(IA No. 26069/2024 - EXEMPTION FROM FILING O.T. IA No. 26068/2024 - STAY APPLICATION)

Date : 18-04-2024 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE PRASANNA BHALACHANDRA VARALE

For Petitioner(s) Mr. Sahil Chandra, AOR

For Respondent(s)

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

1. Transfer Petition is allowed in terms of the signed order, which is placed on the file.

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

(KAVITA PAHUJA) (RENU BALA GAMBHIR) COURT MASTER (SH) COURT MASTER (NSH)

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