IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO. 731 OF 2023 MANJU PETITIONER VERSUS UPENDER GAUTAM RESPONDENT O R D E R 1. The petitioner-wife has filed the present petition under Section 25 of the Code of Civil Procedure, 1908 seeking transfer of a petition for divorce filed by the respondent- husband under Section 13 (1)(i-a) of the Hindu Marriage Act, 1955, bearing No. DMC 152 of 2021, titled “Upender Gautam Vs. Manju ” pending before the Additional District Judge cum Principal Judge, Family Court, Panipat, Haryana to the Principal Judge, Family Court, Rohini Courts, Delhi. 2. Vide order dated 09 th August, 2023, parties were referred to the Supreme Court Mediation Centre for negotiating a settlement, if any. 3. On 13 th December, 2023, having regard to the fact that we were informed that the parties have arrived at a settlement, but at the last minute the respondent-husband had refused to sign the settlement agreement, it was deemed appropriate to direct the physical presence of parties today. 4. Both the parties are present in-person today. We have interacted with them. The respondent-husband is adamant about refusing to sign the settlement agreement and states that he would rather pursue the divorce petition filed by him against the 1
petitioner-wife. 5. In view of the aforesaid position and having regard to the grounds taken in the transfer petition, we direct transfer of the petition bearing No. DMC 152 of 2021, titled “Upender Gautam Vs. Manju ” pending before the Additional District Judge cum Principal Judge, Family Court, Panipat, Haryana to the Principal Judge, Family Court, Rohini Courts, Delhi. 6. The records of the case be transferred forthwith to the transferee Court. 7. Further, liberty is granted to the respondent-husband to move an appropriate application before the transferee Court for permission to participate in the proceedings virtually. If such a request is made, the transferee Court may grant such permission and direct the personal presence of the respondent-husband only when it is absolutely necessary. Further, if examination of outstation witnesses is required and a request is made for recording the evidence through a Court Commissioner, the transferee Court shall consider the same and pass appropriate orders. 8. The Transfer petition is allowed. 9. Pending applications are disposed of. .....……………………..............J. (HIMA KOHLI) .....……………………..............J. ( AHSANUDDIN AMANULLAH ) NEW DELHI; JANUARY 04, 2024. PS 2
ITEM NO.1 COURT NO.11 SECTION IV-B 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. 731/2023 MANJU PETITIONER VERSUS UPENDER GAUTAM RESPONDENT (MEDIATION REPORT RECEIVED.) (IA No. 58957/2023 - STAY APPLICATION) Date : 04-01-2024 This matter was called on for hearing today. CORAM : HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Ajay Marwah, AOR Mr. Swaroopanand Mishra, Adv. Mr. Karan Thakur, Adv. Mr. Sanjay Shukla, Adv. For Respondent(s) Mr. Devvrat, AOR Mr. Devesh Kumar Agnihotri, Adv. Ms. Swati Setia, Adv. Mr. Vinod Kumar Goyal, 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, which is placed on the file. (POOJA SHARMA) (NAND KISHOR) COURT MASTER (SH) COURT MASTER (NSH) 3
ITEM NO.2 COURT NO.12 SECTION IV-B 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. 731/2023 MANJU Petitioner(s) VERSUS UPENDER GAUTAM Respondent(s) (IA No. 58957/2023 - STAY APPLICATION) Date : 13-12-2023 This petition was called on for hearing today. CORAM : HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Ajay Marwah, AOR Mr. Karan Thakur, Adv. Mr. Swaroop Anand Mishra, Adv. Mr. Sanjay Shukla, Adv. Mr. Rahul Prabhaker, Adv. For Respondent(s) Mr. Devvrat, AOR UPON hearing the counsel the Court made the following O R D E R 1. Learned counsel for the petitioner-wife states that by virtue of orders passed by this Court, parties were referred to the Supreme Court Medication Centre and a settlement agreement was also drawn up but in the last minute, the respondent- husband refused to sign the settlement agreement. 2. In view of the submission made hereinabove, it is deemed appropriate to direct the presence of the parties on the next date of hearing. 3. List on 04 th January, 2024. 4. The parties shall remain present on the next date of hearing. (Geeta Ahuja) (Nand Kishor) Assistant Registrar-cum-PS Court Master (NSH)
ITEM NO.3 COURT NO.13 SECTION IV-B 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.731/2023 MANJU Petitioner(s) VERSUS UPENDER GAUTAM Respondent(s) (INTERIM MEDIATION REPORT RECEIVED (REQUEST TO GRANT SOME MORE TIME TO PURSUE MEDIATION TO HELP RESOLVE THE ISSUES) IA No. 58957/2023 - STAY APPLICATION) Date : 01-11-2023 This petition was called on for hearing today. CORAM : HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Ajay Marwah, AOR For Respondent(s) Mr. Devvrat, AOR Mr. Devesh Kumar Agnihotri, Adv. Ms. Swati Setia, Adv. Mr. Aditya Kumar Dubey, Adv. UPON hearing the counsel the court made the following O R D E R 1. Learned counsel for the parties jointly state that if given four weeks’ time, there is likelihood of their reporting a settlement as they are negotiating one before the Supreme Court Mediation Centre. 2. At joint request, list on 13 th December, 2023. It is made clear that if the settlement is not arrived at between the parties by the next date of hearing, the parties shall be ready to address argument on merits. (Geeta Ahuja) (Nand Kishor) Assistant Registrar-cum-PS Court Master (NSH)
T.P. (C) NO. 731/2023 ITEM NO.3 COURT NO.11 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 (CIVIL) NO. 731/2023 MANJU PETITIONER(S) VERSUS UPENDER GAUTAM RESPONDENT(S) (FOR ADMISSION and IA No.58957/2023-STAY APPLICATION ) Date : 09-08-2023 This petition was called on for hearing today. CORAM : HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE RAJESH BINDAL For Petitioner(s) Mr. Ajay Marwah, AOR Mr. Karan Thakur, Adv. Mr. Swaroop Mishra, Adv. Mr. Adhitya Srinivasan, Adv. Mr. Rishabh Kanojiya, Adv. For Respondent(s) Mr. Devvrat, AOR Mr. Devesh Kumar Agnihotri, Adv. Mr. Harsh Anand, Adv. Mr. Sumit Kansal, Adv. Ms. Swati Setia, Adv. UPON hearing the counsel, the Court made the following O R D E R 1. Learned counsel for the petitioner-wife states that the parties had got married in the year 2009 and there are two issues from the marriage. Both of the children are under the care and custody of the petitioner-wife. He states that it would be appropriate if the parties are referred to mediation. The other 1
T.P. (C) NO. 731/2023 side is not averse to the said suggestion. 2. Accordingly, without prejudice to the rights and contentions of the parties, they are referred to the Supreme Court Mediation Centre. The Coordinator, Supreme Court Mediation Centre, shall appoint a Mediator, before whom the parties are directed to appear on 25 th August, 2023, at 2.30 p.m. 3. List in the second week of October, 2023, to report settlement, if any. In the event of a non-settlement, the matter shall be heard on merits. (POOJA SHARMA) (NAND KISHOR) COURT MASTER (SH) COURT MASTER (NSH) 2
ITEM NO.68 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 SH. VIVEK SAXENA Transfer Petition(s)(Civil) No(s). 731/2023 MANJU Petitioner(s) VERSUS UPENDER GAUTAM Respondent(s) (FOR ADMISSION and IA No.58957/2023-STAY APPLICATION ) Date : 20-07-2023 This petition was called on for hearing today. For Petitioner(s) Mr. Ajay Marwah, AOR Mr. Swaroop Mishra, Adv. Mr. Rishab Kanojiya, Adv. Ms. Sulbha Goyal, Adv. For Respondent(s) Mr. Devvrat, AOR Mr. Harsh Anand, Adv. Mr. Devesh Kumar Agnihotri, Adv. UPON hearing the counsel through Video Conference, the Court made the following O R D E R Four weeks time, is granted to sole respondent to file counter affidavit. After the expiry of said period, matter shall be processed for listing before the Hon’ble Court as per rules. VIVEK SAXENA Registrar pm
ITEM NO.1606 COURT NO.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). 731/2023 MANJU Petitioner(s) VERSUS UPENDER GAUTAM Respondent(s) (FOR ADMISSION and IA No.58957/2023-STAY APPLICATION ) Date : 05-04-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR For Petitioner(s) Mr. Ajay Marwah, AOR Mr. Tapan Masta, Adv. Mr. Rajan Bajan, Adv. For Respondent(s) UPON hearing the counsel, the Court made the following O R D E R T.P.(C) No. 731/2023 & IA No.58957/2023 Issue notice, returnable in four weeks. Until further orders, there shall be ad interim stay of further proceedings in DMC No. 152 of 2021, titled “Upender Gautam vs. Manju”, pending before the learned Addl. District Judge exercising the powers of Principal Judge, Family Court, Panipat, Haryana. (NEETU SACHDEVA) (NISHA TRIPATHI) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR