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CHANCHAL GARG v. DEEPAK GARG

Supreme Court of India | Diary 10176/2020

Status

ROP - of Main Case

Decided On

01-02-2022

Bench

HON'BLE MR. JUSTICE KRISHNA MURARI

Petitioner

CHANCHAL GARG

Respondent

DEEPAK GARG

Primary Holding

When a spouse files a maintenance case in one court and the other party institutes divorce proceedings in a different court, transfer of the matrimonial proceedings to the court of the wife's residence is warranted to avoid multiplicity of proceedings and ensure convenience.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA INHERENT JURISDICTION TRANSFER PETITION (C) NO. 649 OF 2020 Chanchal Garg Petitioner(s) VERSUS Deepak Garg Respondent(s) O R D E R This transfer petition has been filed by the petitioner-wife seeking transfer of the divorce petition instituted by the respondent-husband, being HMA Petition No.1206 of 2019 titled as "Deepak Garg vs. Chanchal Garg", pending in the Court of District Judge, Family Court, Faridabad, Haryana to the Court of Principal Judge, Family Court, Rohini, Delhi. Office report dated 12.11.2021 indicates that notice issued to the sole respondent through speed post has been delivered on 29.08.2020 but no one has entered appearance on his behalf. Having heard learned counsel for the petitioner, I am of the considered view that transfer of the proceedings, as prayed for, is warranted. Accordingly, this transfer petition is allowed and it is directed that HMA Petition No.1206 of 2019 titled as "Deepak Garg vs. Chanchal Garg", pending in the Court of District Judge, Family Court, Faridabad, Haryana shall 1

stand transferred to the Court of Principal Judge, Family Court, Rohini, Delhi. The parties shall be at liberty to apply before the transferee Court for appearing through the video conferencing mode as also for expeditious disposal. The records of the case be transferred to the transferee Court forthwith. ...................J. (KRISHNA MURARI) New Delhi; 1st February, 2022. 2

ITEM NO.10 Court 7 (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). 649/2020 CHANCHAL GARG Petitioner(s) VERSUS DEEPAK GARG Respondent(s) (IA No. 54646/2020 - EX-PARTE STAY) Date : 01-02-2022 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Mr. C.George Thomas,Adv. (SCLSC) Mr. Gaurav Agrawal, AOR For Respondent(s) 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 also stands disposed of. (ANITA MALHOTRA) (RAM SUBHAG SINGH) COURT MASTER COURT MASTER (Signed order is placed on the file.) 3

ITEM NO.24 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. ANIL LAXMAN PANSARE Transfer Petition(s)(Civil) No(s). 649/2020 CHANCHAL GARG Petitioner(s) VERSUS DEEPAK GARG Respondent(s) (FOR ADMISSION and IA No.54646/2020 - E X - PARTE STAY ) Date : 02 - 09 - 2020 This petition was called on for hearing today. For Petitioner(s) Mr. Gaurav Agrawal, AOR For Respondent(s) UPON hearing the counsel through Video C onference, the Court made the following O R D E R Ld. counsel for the petitioner is not connected. Service is complete on the sole respondent but none has entered appearance. Registry to process the matter for listing before the Hon'ble Court, as per rules. ANIL LAXMAN PANSARE Registrar

ITEM NO.9 Virtual Court 6 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). 649/2020 CHANCHAL GARG Petitioner(s) VERSUS DEEPAK GARG Respondent(s) (FOR ADMISSION and IA No.54646/2020-EX-PARTE STAY ) Date : 06-07-2020 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE HRISHIKESH ROY For Petitioner(s) Mr. Gaurav Agrawal, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R This transfer petition is filed by the petitioner(wife) for transfer of the Divorce case filed by the respondent, pending at Faridabad (Haryana),to a court of competent jurisdiction at Rohini, Delhi. The couple was married on 11.05.2016 and two daughters were born to them on 23.10.2006 and 29.09.2010. The petitioner has filed a Maintenance case in the Rohini Court, where the respondent is appearing. In view of above, issue notice, returnable in six weeks. In the meantime, there shall be stay of further proceeding in HMA No. 1206 of 2019 titled as “Deepak Garg versus Chanchal Garg”, pending in the Court of District Judge, Family Court, Faridabad, Haryana. (ASHWANI KUMAR) (R.S. NARAYANAN) COURT MASTER (SH) COURT MASTER (NSH)

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