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MEENAKSHI RAI v. ASHUTOSH KASHYAP

Supreme Court of India | Diary 10116/2021

Status

ROP - of Main Case

Decided On

17-10-2022

Bench

HON'BLE MR. JUSTICE KRISHNA MURARI and HON'BLE MR. JUSTICE S. RAVINDRA BHAT

Petitioner

MEENAKSHI RAI

Respondent

ASHUTOSH KASHYAP

Primary Holding

In matrimonial proceedings, the Supreme Court may transfer a case from one Family Court to another in the interest of justice under its transfer jurisdiction.

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Full Judgment Text

1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO. 1077 of 2021 MEENAKSHI RAI PETITIONER(S) VERSUS ASHUTOSH KASHYAP RESPONDENT(S) O R D E R This petition seeks transfer of proceedings in Matrimonial Case No. 464 of 2020 titled as “Ashutosh Kashyap Vs. Meenakshi Rai ” pending in the Court of Principal Judge-6, Family Court, Gazipur, Uttar Pradesh to the Court of Principal Judge, Family Court, Karkardooma Courts, Delhi. Having considered the pleadings and the submissions advanced by the learned Counsel for the parties, we are of the considered opinion that in the interest of justice the transfer petition deserves to be allowed. Accordingly, the proceedings in Matrimonial Case No. 464 of 2020 titled as “Ashutosh Kashyap Vs. Meenakshi Rai ” pending in the Court of Principal Judge-6, Family Court, Gazipur, Uttar Pradesh is ordered to be transferred to the Court of Principal Judge, Family Court, Karkardooma Courts, Delhi.

2 The transferor court shall forthwith transmit the record of the aforesaid case to the transferee court. The transfer Petition is allowed in the above terms. Pending applications, if any, are disposed of. .....................J. ( KRISHNA MURARI ) .....................J. ( S. RAVINDRA BHAT ) NEW DELHI OCTOBER 17, 2022.

3 ITEM NO.56 COURT NO.15 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). 1077/2021 MEENAKSHI RAI PETITIONER(S) VERSUS ASHUTOSH KASHYAP RESPONDENT(S) (IA No.70022/2021-EX-PARTE STAY and IA No.70023/2021-EXEMPTION FROM FILING O.T.) Date : 17-10-2022 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KRISHNA MURARI HON'BLE MR. JUSTICE S. RAVINDRA BHAT For Petitioner(s) Mr. Utkarsh Singh, Adv. Md. Tauheed, Adv. Mr. Shivam Rajput, Adv. Mr. Sureshan P., AOR For Respondent(s) Mr. Arpit Rai, Adv. Mr. Ajay Pachauri, Adv. Mr. Aviral Kashyap, AOR UPON hearing the counsel the Court made the following O R D E R Transfer Petition stands allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of. (POOJA SHARMA) (BEENA JOLLY) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file.)

ITEM NO.5 Court 16 (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)(Civil) No(s). 1077/2021 MEENAKSHI RAI Petitioner(s) VERSUS ASHUTOSH KASHYAP Respondent(s) (FOR ADMISSION and IA No.70022/2021-EX-PARTE STAY and IA No.70023/2021-EXEMPTION FROM FILING O.T. ) Date : 16-07-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Mr. Utkarsh Singh, Adv. Mr. Sureshan P., AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. (SONIA BHASIN) (KAMLESH RAWAT) COURT MASTER (SH) COURT MASTER (NSH)

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