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DR.KAVITA SINGH v. VISHAL SINGH

Supreme Court of India | Diary 10023/2014

Status

ROP - of Main Case

Decided On

13-02-2015

Bench

Petitioner

DR.KAVITA SINGH

Respondent

VISHAL SINGH

Primary Holding

Under Section 25 CPC, a transfer petition filed by a wife in matrimonial proceedings may be allowed on the ground that it would be unduly difficult for her to travel from her place of residence to attend proceedings at a distant forum.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO. 563 OF 2014 DR.KAVITA SINGH ... Petitioner VERSUS VISHAL SINGH ... Respondent O R D E R This transfer petition has been filed by the petitioner-wife under Section 25 of the Civil Procedure Code, 1908 (hereinafter referred to as 'CPC') read with article 139(A) of the Constitution of India for transfer of the petition being Dissolution of Marriage Petition, H.M.A. No. 925 of 2013 titled as Sh. Vishal Singh v. Dr. Kavita Singh pending before the District Judge, Karkardooma, Delhi to the Family Court, Lucknow, Uttar Pradesh. On appearance of the respondent-Husband, the matter was referred to Mediation Centre of this Court but ultimately mediation was unsuccessful. The learned counsel appearing on behalf of the respondent while denying the averments made in the petition, vehemently opposed the transfer of the case from Delhi to Lucknow. Having heard learned counsel for the parties and taking into consideration the grounds taken in the petition and that the petitioner is a lady and it will be difficult for a lady to travel from Lucknow to Delhi, we allow the transfer and direct that H.M.A. No. 925 of 2013 titled as Sh.Vishal Singh v. Dr. Kavita Singh pending before the District Judge, Karkardooma, Delhi be transferred to the Family Court, Lucknow, Uttar Pradesh. ........................., J. [ SUDHANSU JYOTI MUKHOPADHAYA ] ........................., J. [ N.V. RAMANA ] New Delhi; February 13, 2015 .

ITEM NO.39 COURT NO.4 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(s)(Civil) No(s). 563/2014 DR.KAVITA SINGH Petitioner(s) VERSUS VISHAL SINGH Respondent(s) (With appln(s) for stay and office report) (Along with mediation report) Date : 13/02/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA HON'BLE MR. JUSTICE N.V. RAMANA For Petitioner(s) Mr. Adarsh Upadhyay, Adv. Mr. Amit Singh, Adv. For Respondent(s) Mr. Kaushal Yadav, Adv. UPON hearing the counsel the Court made the following O R D E R The transfer petition is allowed in terms of the signed order. (Nidhi Ahuja) (Suman Jain) COURT MASTER COURT MASTER [Signed order is placed on the file.]

À IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO. 563 OF 2014 DR.KAVITA SINGH ... Petitioner VERSUS VISHAL SINGH ... Respondent O R D E R This transfer petition has been filed by the petitioner-wife under Section 25 of the Civil Procedure Code, 1908 (hereinafter referred to as 'CPC') read with article 139(A) of the Constitution of India for transfer of the petition being Dissolution of Marriage Petition, H.M.A. No. 925 of 2013 titled as Sh. Vishal Singh v. Dr. Kavita Singh pending before the District Judge, Karkardooma, Delhi to the Family Court, Lucknow, Uttar Pradesh. On appearance of the respondent-Husband, the matter was referred to Mediation Centre of this Court but ultimately mediation was unsuccessful. The learned counsel appearing on behalf of the respondent while denying the averments made in the petition, vehemently opposed the transfer of the case from Delhi to Lucknow. Having heard learned counsel for the parties and taking into consideration the grounds taken in the petition and that the petitioner is a lady and it will be difficult for a lady to travel from Lucknow to Delhi, we allow the transfer and direct that H.M.A. No. 925 of 2013 titled as Sh.Vishal Singh v. Dr. Kavita Singh pending before the District Judge, Karkardooma, Delhi be transferred to the Family Court, Lucknow, Uttar Pradesh. ........................., J.Signature Not Verified [ SUDHANSU JYOTI MUKHOPADHAYA ]Digitally signed byMeenakshi KohliDate: 2015.02.2816:10:39 ISTReason: ........................., J. [ N.V. RAMANA ] New Delhi; February 13, 2015.ITEM NO.39 COURT NO.4 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSTransfer Petition(s)(Civil) No(s). 563/2014DR.KAVITA SINGH Petitioner(s) VERSUSVISHAL SINGH Respondent(s)(With appln(s) for stay and office report)(Along with mediation report)Date : 13/02/2015 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA HON'BLE MR. JUSTICE N.V. RAMANAFor Petitioner(s) Mr. Adarsh Upadhyay, Adv. Mr. Amit Singh, Adv.For Respondent(s) Mr. Kaushal Yadav, Adv. UPON hearing the counsel the Court made the following O R D E R The transfer petition is allowed in terms of the signed order. (Nidhi Ahuja) (Suman Jain) COURT MASTER COURT MASTER [Signed order is placed on the file.]

ITEM NO.61 COURT NO.4 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(s)(Civil) No(s). 563/2014 DR.KAVITA SINGH Petitioner(s) VERSUS VISHAL SINGH Respondent(s) (with appln. (s) for stay and office report) Date : 10/11/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA HON'BLE MR. JUSTICE N.V. RAMANA For Petitioner(s) Mr. Adarsh Upadhyay,Adv. Mr. Amit Singh, Adv. For Respondent(s) Dr. Ajay Kumar, Adv. Mr. Kaushal Yadav,Adv. Mr. Nand Lal Kumar Mishra, Adv. UPON hearing the counsel the Court made the following O R D E R On the request of the learned counsel for the parties, we refer the matter to the Co-ordinator, Supreme Court Mediation Centre at 110, Lawyers' Chamers (R.K. Jain Block), Supreme Court Compound, Tilak Marg, New Delhi-110001. The parties shall appear before the Mediator on 2 nd December, 2014 at 11.00 A.M. Let the Mediator examine all the option to resolve the dispute amicably. Report may be submitted within six weeks from the date of appearance. Post the matter thereafter. In the meantime the respondent shall pay a sum of Rs.10,000/- (rupees five thousand) in favour of the petitioner-wife towards her to and fro journey and stay at Delhi.

- 2 - There shall be stay of the further proceedings in H.M.A. No. 925 of 2013 titled `Sh. Vishal Singh Vs. Dr. Kavita Singh' pending before the District Judge, Karkardooma Court, Delhi East until further orders. (Rajni Mukhi) (Suman Jain ) Sr. P.A. Court Master

\ ITEM NO.61 COURT NO.4 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(s)(Civil) No(s). 563/2014 DR.KAVITA SINGH Petitioner(s) VERSUS VISHAL SINGH Respondent(s) (with appln. (s) for stay and office report) Date : 10/11/2014 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA HON'BLE MR. JUSTICE N.V. RAMANA For Petitioner(s) Mr. Adarsh Upadhyay,Adv. Mr. Amit Singh, Adv. For Respondent(s) Dr. Ajay Kumar, Adv. Mr. Kaushal Yadav,Adv. Mr. Nand Lal Kumar Mishra, Adv. UPON hearing the counsel the Court made the following O R D E R On the request of the learned counsel for the parties, we refer the matter to the Co-ordinator, Supreme Court Mediation Centre at 110, Lawyers' Chamers (R.K. Jain Block), Supreme Court Compound, Tilak Marg, New Delhi-110001. The parties shall appear before the Mediator on 2nd December, 2014 at 11.00 A.M. Let the Mediator examine all the option to resolve the dispute amicably. Report may be submitted within six weeks from the date of appearance. Post the matter thereafter.Signature Not Verified In the meantime the respondent shall pay a sum ofDigitally signed byRajni Mukhi16:52:26 IST Rs.10,000/-Date: 2014.11.13 (rupees five thousand) in favour of theReason: petitioner-wife towards her to and fro journey and stay at Delhi. - 2 - There shall be stay of the further proceedings in H.M.A.No. 925 of 2013 titled `Sh. Vishal Singh Vs. Dr. Kavita Singh'pending before the District Judge, Karkardooma Court, DelhiEast until further orders. (Rajni Mukhi) (Suman Jain)

Sr. P.A. Court Master

ITEM NO.38 COURT NO.5 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(s)(Civil) No(s). 563/2014 DR.KAVITA SINGH Petitioner(s) VERSUS VISHAL SINGH Respondent(s) (With appln. (s) for stay and office report) Date : 27/10/2014 This petition was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAI HON'BLE MR. JUSTICE N.V. RAMANA For Petitioner(s) Mr. Adarsh Upadhyay,Adv. Mr. Shantanu Bansal, Adv. For Respondent(s) Dr. Ajay Kumar, Adv. Mr. Kaushal Yadav,Adv. Mr. Nandlal Kumar Mishra, Adv. UPON hearing the counsel the Court made the following O R D E R In view of letter dated 17-10-2014 circulated by learned counsel for the respondent, the transfer petition is adjourned for two weeks for filing counter affidavit. (VISHAL ANAND) (INDU POKHRIYAL) COURT MASTER COURT MASTER

\210 ITEM NO.38 COURT NO.5 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(s)(Civil) No(s). 563/2014 DR.KAVITA SINGH Petitioner(s) VERSUS VISHAL SINGH Respondent(s) (With appln. (s) for stay and office report) Date : 27/10/2014 This petition was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAI HON'BLE MR. JUSTICE N.V. RAMANA For Petitioner(s) Mr. Adarsh Upadhyay,Adv. Mr. Shantanu Bansal, Adv. For Respondent(s) Dr. Ajay Kumar, Adv. Mr. Kaushal Yadav,Adv. Mr. Nandlal Kumar Mishra, Adv. UPON hearing the counsel the Court made the following O R D E R In view of letter dated 17-10-2014 circulated by learned counsel for the respondent, the transfer petition is adjourned for two weeks for filing counter affidavit. (VISHAL ANAND) (INDU POKHRIYAL) COURT MASTER COURT MASTERSignature Not VerifiedDigitally signed byVishal AnandDate: 2014.10.2912:03:19 ISTReason:

ITEM NO.76 REGISTRAR COURT. 2 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR M K HANJURA Transfer Petition(s)(Civil) No(s). 563/2014 DR.KAVITA SINGH Petitioner(s) VERSUS VISHAL SINGH Respondent(s) (with appln. (s) for stay) Date : 27/08/2014 This petition was called on for hearing today. For Petitioner(s) Mr.Shantanu Bansal,adv. Mr. Adarsh Upadhyay ,Adv. For Respondent(s) Dr.Ajay Kumar,adv. Mr.Kaushal Yadav,adv. UPON hearing the counsel the Court made the following O R D E R File not received. List again on 13.11.2014. (M K HANJURA) Registrar SB

È ITEM NO.76 REGISTRAR COURT. 2 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS BEFORE THE REGISTRAR M K HANJURA Transfer Petition(s)(Civil) No(s). 563/2014 DR.KAVITA SINGH Petitioner(s) VERSUS VISHAL SINGH Respondent(s) (with appln. (s) for stay) Date : 27/08/2014 This petition was called on for hearing today. For Petitioner(s) Mr.Shantanu Bansal,adv. Mr. Adarsh Upadhyay ,Adv. For Respondent(s) Dr.Ajay Kumar,adv. Mr.Kaushal Yadav,adv. UPON hearing the counsel the Court made the following O R D E R File not received. List again on 13.11.2014. (M K HANJURA) Registrar SBSignature Not VerifiedDigitally signed bySushma Kumari BajajDate: 2014.08.2911:33:10 ISTReason:

ITEM NO.15 COURT NO.8 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(s)(Civil) No(s). 563/2014 DR.KAVITA SINGH Petitioner(s) VERSUS VISHAL SINGH Respondents(s) ( With Appln(s) for Ex-Parte Stay) Date : 30/06/2014 This petition was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAI HON'BLE MR. JUSTICE N. V. RAMANA For Petitioner(s) Mr. Adarsh Upadhyay, Adv. Mr. Rishi Jain, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R DE R Issue notice. In the meanwhile, there shall be stay of proceedings in Dissolution of Marriage Petition, H.M.A. No.925 of 2013 titled as Sh. Vishal Singh vs. Dr. Kavita Singh pending before the District Judge, Karkardooma Court, Delhi (East). (Gulshan Kumar Arora) (Indu Pokhriyal) Court Master Court MasterSignature Not VerifiedDigitally signed byGulshan Kumar AroraDate: 2014.06.3018:26:01 ISTReason:

öITEM NO.23 COURT NO.11 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSTRANSFER PETITION (CIVIL.) NO(s). 563 OF 2014DR.KAVITA SINGH Petitioner(s) VERSUSVISHAL SINGH Respondent(s)(With appln(s) for ex-Parte stayDate: 28/04/2014 This Petition was called on for hearing today.CORAM : HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAI HON'BLE MR. JUSTICE N.V. RAMANAFor Petitioner(s) Mr. Adarsh Upadhyay,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R In view of the letter circulated by learned counsel for thepetitioner, the matter is adjourned for two weeks. [Gulshan Kumar Arora] [Indu Pokhriyal] Court Master Court Master

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