IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO.662 OF 2019 PAYAL JAIN Petitioner(s) VERSUS SOURABH JAIN Respondent(s) O R D E R The prayer in the petition, inter-alia, is as follows:- (i) transfer the petition under Section 13(1)(a)(ii) of Hindu Marriage Act, 1955 being H.M.A. No.505/2018 titled " Sourabh Jain Vs. Payal Jain and G. C. No.207/2018 under Guardian and Ward Act, 1890 titled as "Sourabh Jain Vs. Payal Jain" pending before Court of Principal Judge, Family Court, Indore, M. P. to the Principal Judge, Family Court, Bandra Mumbai, Maharashtra. We have heard the learned counsel for the petitioner and the learned counsel for the respondent. 1
The transfer is sought from Principal Judge, Family Court, Indore, M. P. to the Principal Judge, Family Court, Bandra Mumbai, Maharashtra. Even according to the learned counsel for the respondent, Bandra is located at distance which would require 11 hours journey by train from Indore to Mumbai. We see no reason why we should not grant the relief as sought. Accordingly, the transfer petition is allowed. Both the H.M.A. No.505/2018 titled " Sourabh Jain Vs. Payal Jain and G.C. No.207/2018 under Guardian and Ward Act, 1890 titled as "Sourabh Jain Vs. Payal Jain" pending before Court of Principal Judge, Family Court, Indore, M. P. shall stand transferred to the Principal Judge, Family Court, Bandra Mumbai, Maharashtra. All files of the case shall be transferred to the transferee Court and the Registry will immediately communicate a copy of this order to the Court of Principal Judge, Family Court, Indore, M. P. We would also request the transferee Court to not only make attempts at reconciliation between the parties but also to dispose of the matter as early as possible preferably within period of ten months from the date of production of copy of this order. 2
The transfer petition stands allowed. Pending application(s), if any, stand disposed of. …………………………………………J. [K. M. JOSEPH] …………………………………………J. [HRISHIKESH ROY] New Delhi 29th of August, 2022 3
ITEM NO.48 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.662/2019 PAYAL JAIN Petitioner(s) VERSUS SOURABH JAIN Respondent(s) (Mediation Report dated 23.05.2022 received IA No. 149202/2019 - EXEMPTION FROM FILING O.T. IA No. 52215/2019 - STAY APPLICATION) Date : 29-08-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE HRISHIKESH ROY For Petitioner(s) Dr. Vinod Kumar Tewari, AOR Mr. Manindra Dubey, Adv. Mr. Pramod Tiwari, Adv. Mr. Vivek Tiwari, Adv. Ms. Priyanka Dubey, Adv. Mr. Arun Kumar Shukla, Adv. Ms. Shailja Kant Dubey, Adv. For Respondent(s) Mr. Santosh Kumar, Adv. Mr. Madhurendra Sharma, Adv. Mr. Rajiv Ranjan Mishra, Adv. Mr. Yadav Narender Singh, AOR Mr. Chitvan Singhal, Adv. UPON hearing the counsel the Court made the following O R D E R The transfer petition stands allowed in terms of the signed order. Pending application(s), if any, stand disposed of. (JAGDISH KUMAR) (RENU KAPOOR) COURT MASTER (SH) ASSISTANT REGISTRAR (Signed order is placed on the file) 4
ITEM NO.1614 COURT NO.14 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.662/2019 PAYAL JAIN Petitioner(s) VERSUS SOURABH JAIN Respondent(s) (Mediation Report dated 23.05.2022 received IA No. 149202/2019 - EXEMPTION FROM FILING O.T. IA No. 52215/2019 - STAY APPLICATION) Date : 08-08-2022 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE B.R. GAVAI For Petitioner(s) Dr. Vinod Kumar Tewari, AOR Mr. Shailja Kant Dubey, aDv. Mr. Mahindra Dubey, Adv. Mr. Pramod Tiwari, Adv. Mr. Vivek Tiwari, Adv. Ms. Priyanka Dubey, Adv. For Respondent(s) Mr. Santosh Kumar, Adv. Mr. Rajiv Ranjan Mishra, Adv. Mr. Madhurendra Sharma, Adv. Mr. Yadav Narender Singh, AOR Mr. Pavan Kumar, Adv. Mr. A. k. Pandey, Adv. UPON hearing the counsel the Court made the following O R D E R List the matter after one week. (NEHA GUPTA) (ANJU KAPOOR) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
1 ITEM NO.31 Court 10 (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). 662/2019 PAYAL JAIN Petitioner(s) VERSUS SOURABH JAIN Respondent(s) (IA No. 149202/2019 - EXEMPTION FROM FILING O.T. IA No. 52215/2019 - STAY APPLICATION) Date : 11-02-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE K.M. JOSEPH HON'BLE MR. JUSTICE HRISHIKESH ROY For Petitioner(s) Dr. Vinod Kumar Tewari, AOR Mr. Pramod Tiwari, Adv. Mr. Vivek Tiwari, Adv. Ms. Priyanka Dubey, Adv. Mr. F. R. Mishra, Adv. For Respondent(s) Mr. Santosh Kumar, Adv. Mr. Madhurendra Sharma, Adv. Mr. Rajiv Ranjan Mishra, Adv. Mr. Yadav Narender Singh, AOR UPON hearing the counsel the Court made the following O R D E R Parties are amenable for an attempt at Mediation. Accordingly, the parties are referred for Mediation at Supreme Court Mediation Centre, New Delhi. The respondent will pay an amount of Rs.12,000/-(Twelve Thousand) towards the expenses of the petitioner to attend mediation at Supreme Court Mediation Centre. If there is virtual mediation, costs amount will not be paid to the petitioner.
2 Parties will appear before Mediator at Supreme Court Mediation Centre on 18.02.2022 at 11:00 a.m.. List the matter after receipt of the mediation report. Registry will immediately communicate the copy of this order to Supreme Court Mediation Centre. (JAGDISH KUMAR) (RENU KAPOOR) COURT MASTER (SH) BRANCH OFFICER
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). 662/2019 PAYAL JAIN Petitioner(s) VERSUS SOURABH JAIN Respondent(s) IA No. 149202/2019 - EXEMPTION FROM FILING O.T. IA No. 52215/2019 - STAY APPLICATION) Date : 02-02-2022 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE KRISHNA MURARI For Petitioner(s) Dr. Vinod Kumar Tewari, AOR Mr. Pramod Tiwari,Adv. Mr. Vivek Tiwari,Adv. Mr. Priyanka Dubey,Adv. Mr. Vishweshwar Mishra,Adv. Mr. Vinod Kumar Shukla,Adv. For Respondent(s) Mr. Santosh Kumar, Adv. Mr. Rajiv Ranjan Mishra, Adv. Mr. Madhurender Sharma, Adv. Mr. Yadav Narender Singh, AOR UPON hearing the counsel the Court made the following O R D E R On the suggestion made by this Court for amicable settlement of the dispute, learned counsel appearing for both the parties sought one week’s time to seek instructions from their respective litigants in this regard. As prayed, list on 11 th February, 2022. (NEELAM GULATI) (RAM SUBHAG SINGH) ASTT. REGISTRAR-cum-PS BRANCH OFFICER
ITEM NO.16 VIRTUAL COURT 7 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 (C) No.662/2019 PAYAL JAIN Petitioner(s) VERSUS SOURABH JAIN Respondent(s) (With appln.(s) exemption from filing O.T. and for stay) Date : 20-05-2020 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Dr. Vinod Kumar Tewari,AOR (N.P.) For Respondent(s) Mr. Mushtaq Ahmad,AOR (N.P.) UPON hearing the counsel the Court made the following O R D E R No one has put in appearance on behalf of the parties through video conferencing facilities. The matter is adjourned for a week. (B.Parvathi) (Anita Rani Ahuja) Court Master Branch Officer
ITEM NO.81 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. SURINDER S. RATHI Transfer Petition(s)(Civil) No(s). 662/2019 PAYAL JAIN Petitioner(s) VERSUS SOURABH JAIN Respondent(s) (FOR ADMISSION and IA No.52215/2019 - STAY APPLICATION and IA No.52217/2019 - EXEMPTION FROM FILING O.T. ) Date : 02 - 12 - 2019 This petition was called on for hearing today. For Petitioner(s) Dr. Vinod Kumar T ewari, AOR For Respondent(s) Mr. Vibhuti Sushant Gupta,Adv. Mr. Mushtaq Ahmad, AOR UPON hearing the counsel the Court made the following O R D E R Appearance: None present on behalf of the petitioner. None present on behalf of the respondent. The office report indicates that sole respondent has already filed counter affidavit. Viewed thus, the matter b e processed for listing before the Hon'ble Court under the rules. SURINDER S. RATHI Registrar MG
ITEM NO.54 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 SURINDER S. RATHI Transfer Petition(s)(Civil) No(s). 662/2019 PAYAL JAIN Petitioner(s) VERSUS SOURABH JAIN Respondent(s) (FOR ADMISSION and IA No.52215/2019-STAY APPLICATION and IA No.52217/2019-EXEMPTION FROM FILING O.T. ) Date : 31-07-2019 This petition was called on for hearing today. For Petitioner(s) Dr. Vinod Kumar Tewari, AOR Mr. Manindra Dubey, Adv. For Respondent(s) Mr. Mushtaq Ahmad, AOR Mr. Santosh Kumar, Adv. Mr. Mohit Kr. Singh, Adv. UPON hearing the counsel the Court made the following O R D E R Four weeks’ time is granted to the sole respondent to file Counter Affidavit. List again on 02.12.2019. SURINDER S. RATHI Registrar pm
ITEM NO.4 COURT NO.12 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).662/2019 PAYAL JAIN Petitioner(s) VERSUS SOURABH JAIN Respondent(s) (FOR ADMISSION and IA No.52215/2019-STAY APPLICATION and IA No.52217/2019-EXEMPTION FROM FILING O.T.) Date : 11-04-2019 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ASHOK BHUSHAN HON'BLE MR. JUSTICE K.M. JOSEPH For Petitioner(s) Dr. Vinod Kumar Tewari, AOR Mr. Vivek Tiwari, Adv. Mr. Vinay Rai, Adv. Mr. Baijnath Prasad Pathak, Adv. Mr. Ram A. Singh, Adv. Mr. Rakesh Tiwari, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. In the meanwhile, further proceedings in the H.M.A. No.505/2018 & G.C. No.207/2018 titled as ‘Sourabh Jain Vs. Payal Jain', pending before the Court of Principal Judge, Family Court, Indore, M.P., shall remain stayed. (ARJUN BISHT) (RENU KAPOOR) COURT MASTER (SH) BRANCH OFFICER