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RAJNI GUPTA v. MANJEET KUMAR

Supreme Court of India | Diary 10168/2010

Status

ROP - of Main Case

Decided On

26-10-2010

Bench

Petitioner

RAJNI GUPTA

Respondent

MANJEET KUMAR

Primary Holding

A matrimonial proceeding pending before a Family Court may be transferred to a court at the wife's place of residence in the interest of justice, upon satisfaction that such transfer is fit to be allowed.

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Full Judgment Text

ö IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO. 348 OF 2010RAJNI GUPTA .....PETITIONER(S) VERSUSMANJEET KUMAR .....RESPONDENT(S) O R D E R On hearing counsel for the parties, we are satisfied that the prayer made on behalf of the petitioner (wife) for transfer of the divorce petition from the Delhi Court to an appropriate Court in Gorakhpur, Uttar Pradesh is fit to be allowed. We, accordingly, allow this Transfer Petition and direct that divorce petition bearing HMA No. 791/2009 entitled 'Manjeet Kumar v. Rajni Gupta' pending before the Family Court, Rohini (Delhi) be transferred to the Court of District Judge, Gorakhpur, Uttar Pradesh, who would assign it to an appropriate court. Once the case is transferred to the appropriate court, it will be open to the respondent to seek appropriate reliefs. ..................J (AFTAB ALAM) ..................J (R.M. LODHA)NEW DELHI,OCTOBER 26, 2010ITEM NO.42 COURT NO.12 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). 348 OF 2010RAJNI GUPTA Petitioner(s) VERSUSMANJEET KUMAR Respondent(s)(With appln(s) for stay and office report)Date: 26/10/2010 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE AFTAB ALAM HON'BLE MR. JUSTICE R.M. LODHAFor Petitioner(s) Mr. Nikilesh Ramachandran, Adv.For Respondent(s) Mr. Bharat Bhushan, Adv. Mr. Naresh Gupta, Adv.

for Ms. Anjali Jha, Adv. UPON hearing counsel the Court made the following O R D E R The Transfer Petition is allowed. (N.S.K. Kamesh) (S.S.R. Krishna) Court Master Court Master (signed order is placed on the file)

ÒITEM NO.37 REGISTRAR COURT.1 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 S.G. SHAHTRANSFER PETITION (CIVIL.) NO(s). 348 OF 2010RAJNI GUPTA Petitioner(s) VERSUSMANJEET KUMAR Respondent(s)(With appln(s) for stay and office report)Date: 10/09/2010 This Petition was called on for hearing today.For Petitioner(s) Mr. Nikilesh Ramachandran,Adv.For Respondent(s) Mr. Priyadarshi Manish, Adv. Ms. Anjali Jha,Adv. UPON hearing counsel the Court made the following O R D E R Petitioner has to supply copy of the pleadingswithin a week against acknowledgment, which is to be filed onrecord to avoid issuance of further notices. Counter affidavit is to be filed before 20.10.2010. (S.G. SHAH) REGISTRARrd

ÊITEM NO.88 REGISTRAR COURT.1 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 S.G. SHAHTRANSFER PETITION (CIVIL.) NO(s). 348 OF 2010RAJNI GUPTA Petitioner(s) VERSUSMANJEET KUMAR Respondent(s)(With appln(s) for stay and office report)Date: 09/08/2010 This Petition was called on for hearing today.For Petitioner(s) Mr. Karan Singh, Adv. Mr. Shantanu Singh, Adv. Mr. Vivaka, Adv. Mr. Nikilesh Ramachandran,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R The learned Advocate, Ms. Priyadarshini Manishappearing on behalf of Ms. Anjali Jha, Advocate-on-Recordaccepts notice for the sole respondent. Petitioner is directed to serve her copy of thepleadings within a week against acknowledgment, which is to befiled on record to avoid issuance of further notices. List again on 10.9.2010. (S.G. SHAH) Registrarrd

ITEM NO.5 COURT NO.12 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). 348 OF 2010RAJNI GUPTA Petitioner(s) VERSUSMANJEET KUMAR Respondent(s)(With appln(s) for ex-parte stay)Date: 16/04/2010 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE AFTAB ALAM HON'BLE MR. JUSTICE T.S. THAKURFor Petitioner(s) Mr. Nikilesh Ramachandran, Adv. Mr. Alok Pandey, Adv. Mr. Shantanu Singh, Adv. Mr. R. Bhaskar, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. Till further orders, there shall be stay of proceedings in HMA No. 791/2009 pending before the Family Court, Rohini, Delhi. (N.S.K. Kamesh) (R. K. Sharma) Court Master Court Master

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