1 IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION TRANSFER PETITION(CRIMINAL)No.229 OF 2021 DR. RITU NEHRA … PETITIONER Versus LAXMI CHANDRA & ORS. … RESPONDENTS WITH TRANSFER PETITION(CRIMINAL)No.331 OF 2022 O R D E R 1. I.A.No.169359 of 2022 in TP(Crl.)No.229/2021 has been filed by the Advocate-on-Record for respondent No.1 - Mrs. Laxmi Chandra seeking her discharge from the case. 2. The application is allowed and the learned Advocate-on- Record is discharged from the case. 3. I.A.No.70317 of 2022 in T.P.(Crl.)No.331/2022 is also allowed and the names of respondent Nos.3 and 4 are ordered to be deleted from the array of parties at the risk and responsibility of the petitioner. 4. We, however, find that respondent No.1 in T.P. (Crl.)No.229/2021 has not made any alternative arrangement and no other Advocate-on-Record has been engaged by her. In such circumstances, we proceed in her absence and decide the case ex- parte on merits.
2 5. These are two Transfer Petitions bearing T.P. (Crl.)No.229/2021 and T.P.(Crl.)No.331/2022. The petitioner, in the first case, is the daughter-in-law of respondent No.1. She was married to the respondent’s son on 27.06.2020, and it appears that on account of the marital discord, the parties have filed cases against each other. The petitioner has filed two cases against her husband and his family members before the Metropolitan Magistrate, South East District, Saket Court, Delhi i.e. one Complaint Case No.6320/2020 under the Protection of Women from Domestic Violence Act, 2005 and the second for annulment of marriage i.e. H.M.A.No.505 of 2020, under Sections 11 and 12 of the Hindu Marriage Act, 1955. Respondent No.1 – mother-in-law has also filed Complaint No.91/2021 under Section 12 the Protection of Women from Domestic Violence Act, 2005 before the Court of Additional Chief Judicial Magistrate-08 Lucknow, Uttar Pradesh. The petitioner – daughter-in-law seeks transfer of the aforesaid complaint case from the Court of Additional Chief Judicial Magistrate-08 Lucknow, Uttar Pradesh to the South East Saket Court at Delhi. 6. T.P.(Crl.)No.331 of 2022 has been filed by petitioner No.1 – wife and petitioner Nos.2 to 4, who are her parents and brother, respectively. They seek transfer of Criminal Misc. Case No.182 of 2021, titled as “Laxmi Chandra vs. Dr.Ritu Nehra & Ors.”, pending before the Court of Judicial Magistrate-III, Lucknow, Uttar Pradesh to the Court of Metropolitan Magistrate, South East, Saket Court, Delhi. 7. We have heard learned counsel for the petitioner(s) and
3 perused the pleadings. 8. Since two cases are already pending in the Delhi Courts in which respondent No.1 and her family members have already put their appearance and the petitioner, in the first case, on account of financial constraint, is likely to face hardships in travelling to Lucknow to defend herself in the Criminal Complaint, these Transfer Petitions are allowed; Complaint No.91 of 2021, titled as “Laxmi Chandra vs. Dr.Ritu Nehra & Ors.”, pending before the Court of ACJM-08, Lucknow, Uttar Pradesh and Criminal Misc. Case No.182 of 2021, titled as “Laxmi Chandra vs. Dr.Ritu Nehra & Ors.”, pending before the Court of Judicial Magistrate-III, Lucknow, Uttar Pradesh are ordered to be transferred to the Court of Metropolitan Magistrate, South East, Saket Court, Delhi. The records be forwarded to the transferee court forthwith. 9. As a sequel thereto, pending interlocutory applications also stand disposed of. .........................J. ( SURYA KANT ) ..............…….........J. (VIKRAM NATH) NEWDELHI; NOVEMBER 15, 2022.
4 ITEM NO.3 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)(Criminal) No(s).229/2021 DR. RITU NEHRA Petitioner(s) VERSUS LAXMI CHANDRA & ORS. Respondent(s) IA No.62553/2021 - EXEMPTION FROM FILING O.T. IA No.62552/2021 - STAY APPLICATION WITH T.P.(Crl.) No. 331/2022 (XVI-A) (FOR STAY APPLICATION ON IA 70314/2022 FOR EXEMPTION FROM FILING O.T. ON IA 70316/2022 FOR ADDITION / DELETION / MODIFICATION PARTIES ON IA 70317/2022 IA No. 70317/2022 - ADDITION / DELETION / MODIFICATION PARTIES IA No. 70316/2022 - EXEMPTION FROM FILING O.T. IA No. 70314/2022 - STAY APPLICATION) Date : 15-11-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE VIKRAM NATH For Petitioner(s) Mr. Ashish Garg, Adv. Ms. Simran Bajaj, Adv. Ms. Fauzia Shakil, Adv. For Respondent(s) Mr. Firdouse Qutb Wani, AOR Mr. Shadaan Qadri, Adv. UPON hearing the counsel the Court made the following O R D E R 1. I.A.No.169359 of 2022 in TP(Crl.)No.229/2021 has been filed by the Advocate-on-Record for respondent No.1 - Mrs. Laxmi Chandra seeking her discharge from the case. 2. The application is allowed and the learned Advocate-on- Record is discharged from the case. 3. I.A.No.70317 of 2022 in T.P.(Crl.)No.331/2022 is also allowed and the names of respondent Nos.3 and 4 are ordered to be deleted from the array of parties at the risk and responsibility of the petitioner.
5 4. The Transfer Petitions are allowed in terms of the signed order. The records be forwarded to the transferee court forthwith. 5. As a sequel thereto, pending interlocutory applications also stand disposed of. (SATISH KUMAR YADAV) (PREETHI T.C.) DEPUTY REGISTRAR COURT MASTER (NSH) (Signed order is placed on the file)
ITEM NO.4 COURT NO.14 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(Criminal) No.229/2021 DR. RITU NEHRA Petitioner(s) VERSUS LAXMI CHANDRA & ORS. Respondent(s) (IA No. 62552/2021 STAY APPLICATION) WITH T.P.(Crl.) No. 331/2022 (XVIA) (FOR ADMISSION and IA No.70317/2022ADDITION / DELETION / MODIFICATION PARTIES and IA No.70314/2022STAY APPLICATION and IA No.70316/2022EXEMPTION FROM FILING O.T.) Date : 30082022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE J.B. PARDIWALA For Petitioner(s) Mr. Suvidutt M.S., AOR Mr. Adhirath Singh, Adv. Mr. Ashish G., Adv. Ms. Simran Bajaj, Adv. Mr. Syed Fazl, Adv. Ms. Fauzia Shakil, AOR For Respondent(s) Mr. Firdouse Qutb Wani, AOR UPON hearing the counsel the Court made the following O R D E R 1. Learned counsel appearing for respondent No.1 in Transfer Petition (Crl.) No.229/2021 seeks and is granted two weeks’ time to file counter affidavit in the matter. 2. List the matters on 4112022. 3. Interim order to continue. (VISHAL ANAND) (PREETHI T.C.) ASTT. REGISTRARcumPS COURT MASTER (NSH)
ITEM NO.1609 COURT NO.16 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)(Criminal) No(s). 331/2022 RITU NEHRA & ORS. Petitioner(s) VERSUS LAXMI CHANDRA & ORS. Respondent(s) (FOR ADMISSION and IA No.70317/2022-ADDITION / DELETION / MODIFICATION PARTIES and IA No.70314/2022-STAY APPLICATION and IA No.70316/2022-EXEMPTION FROM FILING O.T. ) Date : 20-05-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ABHAY S. OKA For Petitioner(s) Mr. Jatin Sehgal, Adv. Mr. Ashish Garg, Adv. Ms. Fauzia Shakil, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice, returnable after ten weeks. In the meanwhile, there shall be stay of further proceedings in Misc. Case No. 182 of 2021 titled as “ Laxmi Chandra versus Dr. Ritu Nehra & Ors. ” pending before the Court of Judicial Magistrate- III, Lucknow, Uttar Pradesh till further orders. List along with T.P.(Crl.) No. 229/2021. (SNEHA) (ANAND PRAKASH) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR
ITEM NO.19 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE 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 BEFORE THE REGISTRAR SH. RAJESH KUMAR GOEL Transfer Petition(s)(Criminal) No(s). 229/2021 DR. RITU NEHRA Petitioner(s) VERSUS LAXMI CHANDRA & ORS. Respondent(s) (FOR ADMISSION and IA No.62552/2021-STAY APPLICATION and IA No.62553/2021-EXEMPTION FROM FILING O.T. ) Date : 05-10-2021 This petition was called on for hearing today. For Petitioner(s) Ms. Sudershani Ray,Adv. Ms. Drishti Mittal, Adv. Mr. Suvidutt M.S., AOR Mrs. Anu B., Adv. Ms. Vijayalakshmi Raju, Adv. Mrs. Dhanya C., Adv. For Respondent(s) Mr. Firdouse Qutb Wani, AOR UPON hearing the counsel through Video Conference, the Court made the following O R D E R Respondent No.1 has filed counter affidavit. Service is complete on respondent Nos.2 to 4 but none has entered appearance. Registry to process the matter for listing before the Hon'ble Court, as per rules. RAJESH KUMAR GOEL Registrar
ITEM NO.21 REGISTRAR COURT. 1 THROUGH VIDEO CONFERENCE 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 BEFORE THE REGISTRAR SH. RAJESH KUMAR GOEL Transfer Petition(s)(Criminal) No(s). 229/2021 DR. RITU NEHRA Petitioner(s) VERSUS LAXMI CHANDRA & ORS. Respondent(s) (FOR ADMISSION and IA No.62552/2021-STAY APPLICATION and IA No.62553/2021-EXEMPTION FROM FILING O.T. ) Date : 24-08-2021 This petition was called on for hearing today. For Petitioner(s) Mr. Suvidutt M.s., AOR For Respondent(s) UPON hearing the counsel through Video Conference, the Court made the following O R D E R Ld. Counsel for the petitioner to take fresh steps alongwith fresh particulars in respect of respondent No.1 within two weeks. Service is complete on respondent Nos.2 to 4 but none has entered appearance. List again on 5.10.2021. RAJESH KUMAR GOEL Registrar
1 ITEM NO.7 Court 13 (Video Conferencing) 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)(Criminal) No(s). 229/2021 DR. RITU NEHRA Petitioner(s) VERSUS LAXMI CHANDRA & ORS. Respondent(s) (FOR ADMISSION and IA No.62552/2021-STAY APPLICATION and IA No.62553/2021-EXEMPTION FROM FILING O.T.) Date : 20-07-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SURYA KANT For Petitioner(s) Mr. Suvidutt M.S., AOR Ms. Sudershani Ray, Adv. Drishti Mittal, Adv. Mrs. Anu B., Adv. Mr. Vibhor Ahlawat, Adv. Ms. Vijayalakshmi Raju, Adv. Mrs. Dhanya C., Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The Court is convened through Video Conferencing. It is contended, inter alia , that the petitioner – wife has filed two cases against the respondent – husband which are pending before the Metropolitan Magistrate, South East, Saket Court, Delhi. As a counter blast thereto, mother-in-law of the petitioner has filed a complaint under the Domestic Violence Act in the Court of Additional Chief Judicial Magistrate No. 8 at Lucknow, U.P.
2 Issue notice returnable within four weeks. Meanwhile, further proceedings in Domestic Violence complaint no. 91 of 2021 titled as “ Laxmi Chandra vs. Dr. Ritu Nehra & Ors.” pending before the ACJM-08, Lucknow, Uttar Pradesh, shall remain stayed. (JATINDER KAUR) (RENU BALA GAMBHIR) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)