IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO. 374 OF 2023 DR. TANVI AGRAWAL PETITIONER(S) VERSUS DR. SHAILABH GUPTA RESPONDENT(S) O R D E R The petitioner-wife has filed the petition under Section 25 of the Code of Civil Procedure, 1908 before this Court seeking transfer of petition bearing HMA No. 569 of 2022 titled “Dr. Shailabh Gupta Vs. Dr. Smt. Tanvi Agrawal” pending before the Family Court No.1 Alwar, Rajasthan to the Family Court, Pune, Maharashtra. Having heard learned counsel for the parties and having perused the petition papers, we deem it appropriate to transfer the petition as sought in the petition. Accordingly, petition bearing HMA No. 569 of 2022 titled “Dr. Shailabh Gupta Vs. Dr.Smt. Tanvi Agrawal” pending before the Family Court No.1 Alwar, Rajasthan be transferred to the Family Court, Pune, Maharashtra. Let the record of the case be transferred without delay. 1
T.P. (C) NO. 374 OF 2023 Further, in the facts of the present case, we grant liberty to the respondent to make an appropriate application before the transferee court to permit the respondent to take part in proceedings through virtual mode. If such request is made, the transferee Court shall take note of the same and permit the respondent and insist on the physical presence only when it becomes absolutely necessary. Even at the stage of examination of witnesses if there are outstation witnesses, liberty is granted to seek examination through Commission. Further, since it is stated that both the parties have filed petitions seeking dissolution of marriage in the respective jurisdictions it is needless to mention that the transferee court may also explore the possibility of resolving the issue by way of compromise before proceeding to consider the matter on merits. The Transfer Petition is disposed of in the above terms. Pending application(s), if any, shall stand disposed of. …………………………………………………………J. [A.S. BOPANNA] ……….……………………………………….J. [M.M. SUNDRESH] NEW DELHI; AUGUST 02, 2023 2
ITEM NO.5 COURT NO.4 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Transfer Petition (C) No. 374/2023 TANVI AGRAWAL Petitioner(s) VERSUS SHAILABH GUPTA Respondent(s) (Mediation report received ) Date : 02-08-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE M.M. SUNDRESH For Petitioner(s) Mr. Rahul Krishna, AOR Ms. Priyanka Goel, Adv. Mr. Deva Vrat Anand, Adv. For Respondent(s) Mr. Anuj Bhandari, AOR UPON hearing the counsel the Court made the following O R D E R The Transfer Petition is disposed of in terms of signed order. Pending application(s), if any, shall stand disposed of. (RAJNI MUKHI) (DIPTI KHURANA) COURT MASTER (SH) ASSISTANT REGISTRAR (Signed order is placed on the file) 3
1 ITEM NO.7 COURT NO.9 SECTION XVI-A 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). 374/2023 TANVI AGRAWAL Petitioner(s) VERSUS SHAILABH GUPTA Respondent(s) (FOR ADMISSION and IA No.30394/2023-EX-PARTE STAY and IA No.30395/2023-EXEMPTION FROM FILING O.T. ) Date : 10-05-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MR. JUSTICE DIPANKAR DATTA For Petitioner(s) Mr. Rahul Krishna, AOR Ms. Priyanka Goel, Adv. For Respondent(s) Mr. Anuj Bhandari, Adv. Ms. Disha Bhandari, Adv. Ms. Anjali Doshi, Adv. Mr. Gaurav Jain, Adv. Mr. Mukul Kumar Singh, Adv. Mr. Anuj Bhandari, AOR UPON hearing the counsel the Court made the following O R D E R Learned counsel for the parties submit that there is a possibility of settlement if the matter is referred to the Supreme Court Mediation Center, New Delhi. Hence, the matter is referred to the Supreme Court Mediation Center, New Delhi. The parties shall coordinate the Mediator, Supreme Court Mediation Center, New Delhi and secure the appropriate date and mode of appearance either physically or virtually. They shall first
2 contact the Coordinator, Supreme Court Mediation Center, New Delhi. The parties may appear before the Coordinator, Supreme Court Mediation Centre, New Delhi on 17.05.2023 at 02.00 p.m. List immediately after receipt of mediation report. (ASHWANI KUMAR) (DIPTI KHURANA) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
ITEM NO.11 COURT NO.11 SECTION XVI-A 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). 374/2023 TANVI AGRAWAL Petitioner(s) VERSUS SHAILABH GUPTA Respondent(s) (FOR ADMISSION and IA No.30394/2023-EX-PARTE STAY and IA No.30395/2023-EXEMPTION FROM FILING O.T. ) Date : 13-04-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE A.S. BOPANNA HON'BLE MS. JUSTICE HIMA KOHLI For Petitioner(s) Mr. Rahul Krishna, AOR Ms. Priyanka Goel, Adv. For Respondent(s) Mr. Anuj Bhandari, AOR Mr. Anuj Bhandari, Adv. UPON hearing the counsel the Court made the following O R D E R List the matter after two weeks to enable the learned counsel for the parties to discuss the matter relating to mutual settlement between the parties. (NISHA KHULBEY) (DIPTI KHURANA) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR
ITEM NO.1603 COURT NO.14 SECTION XVI-A 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. 374/2023 TANVI AGRAWAL Petitioner(s) VERSUS SHAILABH GUPTA Respondent(s) (FOR ADMISSION and IA No.30394/2023-EX-PARTE STAY and IA No.30395/2023-EXEMPTION FROM FILING O.T. ) Date : 20-02-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPANKAR DATTA For Petitioner(s) Mr. Rahul Krishna, AOR Ms. Priyanka Goel, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The petitioner seeks transfer of divorce petition being HMA No. 569 of 2022 titled as “Dr. Shailabh Gupta vs. Dr. Smt. Tanvi Agrawal” instituted under Section 13(1)(ia) of the Hindu Marriage Act, 1955, pending before the Family Court No. 1 Alwar, Rajasthan to the Family Court in Pune, Maharashtra. Issue notice returnable in four weeks. Until further consideration of the transfer petition, further proceedings in relation to the divorce petition shall remain stayed. (SHUBHAM YADAV) (RAM SUBHAG SINGH) SENIOR PERSONAL ASSISTANT BRANCH OFFICER