0 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO. 391 OF 2011PALLAVI MODI GUPTA PETITIONER VERSUSAMAN GUPTA RESPONDENT O R D E R On hearing learned senior counsel for the parties and on going through the materials on record, we are satisfied that the prayer of the petitioner, the estranged wife in the matrimonial proceeding, for transfer of the case outside Delhi is justified and is fit to be allowed to an extent. However, having regard to the past experiences of the respondent, the husband, and his apprehensions, we may not compel him to go to Bhagalpur, where the case is requested to be transferred on behalf of the petitioner. Instead, we feel that the proper course would be to transfer the case to Patna for trial by a competent court there. ...2/- -2- We, accordingly, direct transfer of HMA caseNo.5 of 2011 titled `Aman Gupta vs. Pallavi ModiGupta' pending before the court of AdditionalPrincipal Judge, Family Courts, Rohini, Delhi to theFamily Court, Patna, Bihar. Let the record of the case be transferred to theFamily Court, Patna, Bihar without any delay. The transfer petition is allowed accordingly. ....................J.
(AFTAB ALAM) ....................J. (RANJANA PRAKASH DESAI)New Delhi,November 14, 2011ITEM NO.42 COURT NO.7 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). 391 OF 2011PALLAVI MODI GUPTA Petitioner(s) VERSUSAMAN GUPTA Respondent(s)(With appln(s) for directions,stay, production of additionaldocuments and office report)Date: 14/11/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE AFTAB ALAM HON'BLE MRS. JUSTICE RANJANA PRAKASH DESAIFor Petitioner(s) Ms. Kumud Lata Das,Adv. (NP) Ms. Indu Malhotra, Sr. Adv. Ms. Lalit Mohini Bhat, adv. Mr. Darpan K.M., Adv. Ms. Hetu Arora ,AdvFor Respondent(s) Ms. Pinky Anand, Sr. Adv. Ms. Natasha Sahrawat, adv Mr. Prabal Bagchi, Adv. Ms. Kartika Sharma, Adv. Mr. D.N. Goburdhan,Adv. UPON hearing counsel the Court made the following O R D E R Vakalatnama of Ms. Hetu Arora be taken on record. Office objection of taking No-Objection Certificate from the erstwhile counsel is waived. The transfer petition is allowed in terms of the signed order. (Neetu Khajuria) (Sneh Bala Mehra) Sr.P.A. Court Master (Signed order is placed on the file.)
ITEM NO.48 COURT NO.9 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 (C) NO.391 OF 2011PALLAVI MODI GUPTA Petitioner(s) VERSUSAMAN GUPTA Respondent(s)(With appln(s) for directions,stay, production of additionaldocuments and office report)Date: 29/08/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE AFTAB ALAM HON'BLE MR. JUSTICE R.M. LODHAFor Petitioner(s) Ms. Indu Malhotra, Sr. Adv. Ms. Lalit Mohini Bhat, Adv. Ms. Hetu Arora, Adv. Ms. Amrita Sharma, Adv.For Respondent(s) Ms. Pinky Anand, Sr. Adv. Mr. D.N. Goburdhan,Adv. Mr. Prabal Bagchi, Adv. Ms. Natasha Saharawat, Adv. UPON hearing counsel the Court made the following O R D E R As desired by the Court in its order dated 8.8.2011, no meeting could take place between Mr. Nagendra Rai and Ms. Pinky Anand, senior advocates appearing for the rival sides and it is now evident that at least for the present there is no chance of any negotiated settlement and this transfer petition, therefore, needs to be heard and disposed of on merits. Ms. Pinky Anand, learned senior advocate appearing for the respondent prays for some time to file counter affidavit. ...2/- -2- As prayed two weeks' time is allowed for filingcounter affidavit; rejoinder affidavit, if any, may befiled within one week from the date of receipt of a copyof the counter affidavit. Put up after four weeks. (Neetu Khajuria) (S.S.R. Krishna) Sr.P.A. Court Master
<ITEM NO.45 COURT NO.11 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 (CIVIL.) NO(s). 391 OF 2011PALLAVI MODI GUPTA Petitioner(s) VERSUSAMAN GUPTA Respondent(s)(With appln(s) for directions, stay and office report)Date: 18/07/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE AFTAB ALAM HON'BLE MR. JUSTICE R.M. LODHAFor Petitioner(s) Ms. Indu Malhotra, Sr. Adv. Mrs. Lalit Mohini Bhat, Adv. Ms. Hetu Arora, Adv. Mr. Gitanju Suraj, Adv. Ms. Amrita Sharma, Adv. Ms. Kumud Lata Das, Adv. (NP)For Respondent(s) Ms. Pinky Anand, Sr. Adv Ms. Natasha, Adv. Mr. Prabal Bagchi, Adv. Mr. D.N. Goburdhan, Adv. (NP) UPON hearing counsel the Court made the following O R D E R As prayed by Ms. Indu Malhotra, senior counsel appearing for the petitioner, put up after two weeks. (N.S.K. Kamesh) (S.S.R. Krishna) Court Master Court Master
\202ITEM NO.MM-11A COURT NO.11 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSI.A. NO. 2 INTRANSFER PETITION (CIVIL.) NO(s). 391 OF 2011PALLAVI MODI GUPTA Petitioner(s) VERSUSAMAN GUPTA Respondent(s)(With appln(s) for directions)Date: 12/07/2011 This Petition was called on for mentioning today.CORAM : HON'BLE MR. JUSTICE AFTAB ALAM HON'BLE MR. JUSTICE R.M. LODHAFor Petitioner(s) Ms. Indu Malhotra, Sr. Adv. Ms. Hetu Arora, Adv. Ms. Lalit Mohini Bhat, Adv. Ms. Amrita Sharma, Adv. Ms. Kumud Lata Das,Adv.For Respondent(s) Ms. Pinky Anand, Sr. Adv. Mr. D.N. Goburdhan,Adv. Mr. Prabal Bagchi, Adv. Ms. Natash Sahrawat, Adv. UPON hearing counsel the Court made the following O R D E R Taken on Board. List this application along with the Transfer Petition on July 18th, 2011. (Neetu Khajuria) (S.S.R. Krishna) Sr.P.A. Court Master
*ITEM NO.130 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). 391 OF 2011PALLAVI MODI GUPTA Petitioner(s) VERSUSAMAN GUPTA Respondent(s)(With appln(s) for directions,stay and office report)Date: 11/07/2011 This Petition was called on for hearing today.For Petitioner(s) Mr. Sukesh Ghosh, Adv. Ms. Kumud Lata Das,Adv.For Respondent(s) Mr. Prabal Bagchi, Adv. Mr. D.N. Goburdhan,Adv. UPON hearing counsel the Court made the following O R D E R The learned Advocate, Mr. Sukesh Ghosh, appearing onbehalf of Ms. Kumud Lata Das, Advocate-on-Record who has filedappearance for the petitioner on 2.7.2011 states that theyhave proof of service of serving letter dated 2.7.2011 by theoriginal petitioner to her previous Advocate. Such proof befiled on record as early as possible in view of the fact thatthe respondent has filed an application for direction forreferring the matter to Mediation. Registry shall not waitfor any formalities in such cases and it shall be listedbefore the appropriate Court. List before the Court. (S.G. SHAH) REGISTRARrd
*ITEM NO.130 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). 391 OF 2011PALLAVI MODI GUPTA Petitioner(s) VERSUSAMAN GUPTA Respondent(s)(With appln(s) for directions,stay and office report)Date: 11/07/2011 This Petition was called on for hearing today.For Petitioner(s) Mr. Sukesh Ghosh, Adv. Ms. Kumud Lata Das,Adv.For Respondent(s) Mr. Prabal Bagchi, Adv. Mr. D.N. Goburdhan,Adv. UPON hearing counsel the Court made the following O R D E R The learned Advocate, Mr. Sukesh Ghosh, appearing onbehalf of Ms. Kumud Lata Das, Advocate-on-Record who has filedappearance for the petitioner on 2.7.2011 states that theyhave proof of service of serving letter dated 2.7.2011 by theoriginal petitioner to her previous Advocate. Such proof befiled on record as early as possible in view of the fact thatthe respondent has filed an application for direction forreferring the matter to Mediation. Registry shall not waitfor any formalities in such cases and it shall be listedbefore the appropriate Court. List before the Court. (S.G. SHAH) REGISTRARrd
*ITEM NO.7 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 PROCEEDINGS TRANSFER PETITION (CIVIL.) NO(s). 391 OF 2011PALLAVI MODI GUPTA Petitioner(s) VERSUSAMAN GUPTA Respondent(s)(With appln. for ex-parte stay)Date: 15/04/2011 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE AFTAB ALAM HON'BLE MR. JUSTICE R.M. LODHAFor Petitioner(s) Ms. Kumud Lata Das, Adv. Mr. Arvind Kumar, Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice. Dasti service permitted. Till further orders, there shall be stay of the proceedings in HMA Petition No. 5 of 2011 entitled 'Aman Gupta v. Pallavi Modi Gupta' pending before the Court of Addl. Principal Judge, Family Courts, Rohini, Delhi. (N.S.K. Kamesh) (S.S.R. Krishna) Court Master Court Master