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SEEMA SHARMA v. GAGAN NETAR

Supreme Court of India | Diary 10079/2017

Status

ROP - of Main Case

Decided On

06-10-2017

Bench

HON'BLE MR. JUSTICE MADAN B. LOKUR, HON'BLE MR. JUSTICE S. ABDUL NAZEER and HON'BLE MR. JUSTICE DEEPAK GUPTA

Petitioner

SEEMA SHARMA

Respondent

GAGAN NETAR

Primary Holding

In matrimonial transfer petitions, courts may exercise their jurisdiction to transfer proceedings to the forum convenient to the wife, particularly where she has minor children in her care and would face considerable hardship in attending distant proceedings.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO.560 OF 2017 SEEMA SHARMA ... PETITIONER(S) VERSUS GAGAN NETAR ... RESPONDENT(S) O R D E R This transfer petition has been filed by the petitioner – wife for transfer of Case No.Civil 11/2016 titled “Gagan Netar Vs. Seema Sharma” from the Court of the Additional District Judge, Rajouri, J & K to the Family Court in Faridabad, Haryana. We have heard learned counsel for the parties. Learned counsel for the respondent has no objection to the transfer of the petition. Looking to the facts and circumstances of this case, particularly the fact that the petitioner has two children of nine years and three years and she, being a resident of Faridabad, Haryana, would be put to considerable inconvenience in prosecuting the matter at Rajouri, J&K, we think it appropriate to transfer Case No.Civil 11/2016 titled “Gagan Netar Vs. Seema Sharma” from the Court of the Additional District Judge, Rajouri, J & K to the Family Court in Faridabad, Haryana.

-: 2 :- Accordingly, the transfer petition is allowed. .............................J. (MADAN B. LOKUR) .............................J. (S. ABDUL NAZEER) .............................J. (DEEPAK GUPTA) NEW DELHI OCTOBER 06, 2017

ITEM NO.52 COURT NO.2 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).560/2017 SEEMA SHARMA Petitioner(s) VERSUS GAGAN NETAR Respondent(s) (WITH APPLN.(S) FOR STAY) Date : 06-10-2017 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE S. ABDUL NAZEER HON'BLE MR. JUSTICE DEEPAK GUPTA For Petitioner(s) Mr. Sanjay Parikh, Adv. Ms. Anitha Shenoy, AOR Ms. Srishti Agnihotri, Adv. For Respondent(s) Mr. Vikas Singh Jangra, AOR Mr. Abhinav Bajaj, 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. Pending application stands disposed of. (SANJAY KUMAR-I) (KAILASH CHANDER) AR-CUM-PS COURT MASTER (Signed order is placed on the file)

ITEM NO.24 REGISTRAR COURT. 2 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 MR. SANJAY PARIHAR IA 1/2017, in Transfer Petition(s)(Civil) No(s). 560/2017 SEEMA SHARMA Petitioner(s) VERSUS GAGAN NETAR Respondent(s) (FOR STAY APPLICATION ON IA 1/2017) Date : 16-08-2017 These matters were called on for hearing today. For Petitioner(s) Ms. Srishti Agnihotri,Adv. Ms. Anitha Shenoy, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The office report indicates that s ervice of notice is complete on the sole respondent but no one has entered appearance on his behalf. Viewed, in that context, the matter shall be processed for listing before the Hon'ble Court, under the rules. SANJAY PARIHAR Registrar MG

ITEM NO.101 REGISTRAR COURT. 1 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 MR. RAJESH KUMAR GOEL IA 1/2017, in Transfer Petition(s)(Civil) No(s). 560/2017 SEEMA SHARMA Petitioner(s) VERSUS GAGAN NETAR Respondent(s) (FOR STAY APPLICATION ON IA 1/2017) Date : 17-07-2017 These matters were called on for hearing today. For Petitioner(s) Anitha Shenoy, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The Ld. Advocate, Mr. Abhinav Bajaj, appearing on behalf of Mr. Vikas Singh Jangra, Advocate-on-record appears for the sole respondent. He seeks time to file vakalatnama and counter affidavit. Be filed within four weeks. The Ld. Counsel for the petitioner to serve complete set of pleadings upon the Ld.Counsel for the sole respondent within two weeks. Period of four weeks for filing counter affidavit shall reckon thereafter. List again on 16.8.2017. RAJESH KUMAR GOEL Registrar

bITEM NO.2 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).560/2017SEEMA SHARMA Petitioner(s) VERSUSGAGAN NETAR Respondent(s)(WITH APPLN. (S) FOR stay)Date : 12/04/2017 This petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE DEEPAK GUPTAFor Petitioner(s) Mr. Sanjay Parikh, Adv.Ms. Ninni Susan Thomas, Adv. Ms. Anitha Shenoy, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E RIssue notice. In the meanwhile, there shall be a stay of furtherproceedings in Case No.Civil 11/2016 titled ⬠SGagan NetarVs. Seema Sharma⬠\235 pending before the Court of AdditionalDistrict Judge, Rajouri, J&K. (SANJAY KUMAR-I) (SHARDA KAPOOR) AR-CUM-PS COURT MASTER

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