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NILAM @ ALKA v. ADITYA @ RAJA

Supreme Court of India | Diary 10226/2021

Status

ROP - of Main Case

Decided On

21-03-2022

Bench

HON'BLE MR. JUSTICE C.T. RAVIKUMAR

Petitioner

NILAM @ ALKA

Respondent

ADITYA @ RAJA

Primary Holding

In matrimonial transfer petitions, geographical distance between the forum court and the wife's residence, along with her financial constraints, constitute sufficient cause to transfer proceedings to a court convenient to the wife.

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Full Judgment Text

1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION IN Transfer Petition(Civil) No. 916/2021 NILAM @ ALKA Petitioner(s) VERSUS ADITYA @ RAJA Respondent(s) ORDER This Transfer Petition has been filed seeking transfer of Divorce Petition bearing Petition No. A-236 of 2021 titled as “ Shri Aditya @ Raja Vs. Sau. Nilam @ Alka” pending before the Court of the Principal Judge, Family Court, Nagpur, Maharashtra to the Family Court,Jhansi, District Jhansi, U.P. On 04.05.2021, this Court issued notice and stayed the proceedings in the stated case. Though, notice was served on the respondent but he has not chosen to enter appearance. Having gone through the pleadings in this petition which remained uncontroverted and also taken note of the facts that the distance between Family Court, Nagpur and the place where the petitioner is presently staying with her parents i.e. in District Jhansi, U.P. and also the financial status of the petitioner. I am inclined to think that it is only just and appropriate to transfer the aforesaid proceedings now pending before the Court of the Principal Judge, Family Court, Nagpur, Maharashtra to the Family Court,Jhansi, District Jhansi, U.P. In that view of the matter the petitioner has to succeed. Consequently, the Transfer Petition stands allowed and

2 Petition No. A-236 of 2021 titled as “ Shri Aditya @ Raja Vs. Sau. Nilam @ Alka” stands transferred from the Court of the Principal Judge, Family Court, Nagpur, Maharashtra to the Family Court,Jhansi, District Jhansi, U.P. The Courts concerned shall do the needful for transfer of the files in accordance with the procedures so as to enable the Family Court, Jhansi, to proceed with the case. NEW DELHI; ………………………………………...J. 21 st MARCH,2022 [C.T. RAVIKUMAR]

3 ITEM NO.1614 COURT NO. 13 SECTION XVI-A (HEARING THROUGH VIDEO CONFERENCING) 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. 916/2021 NILAM @ ALKA Petitioner(s) VERSUS ADITYA @ RAJA Respondent(s) Date : 21-03-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE C.T. RAVIKUMAR For Petitioner(s) Mr. Bhuwan Raj, AOR Mr. Abhinav Verma, Adv. Mr. Raghunath Pathak, Adv. Mr. Anubhav Mehrotra, Adv. Mr. C. Solomoon, Adv. Ms. Manju Savita, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The Transfer Petition is allowed. Pending Application(s), if any, stands disposed of. (SNEHA DAS) (RAM SUBHAG SINGH) SENIOR PERSONAL ASSISTANT BRANCH OFFICER (Signed order is placed in the file)

ITEM NO.19 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. AVANI PAL SINGH Transfer Petition(s)(Civil) No(s). 916/2021 NILAM @ ALKA Petitioner(s) VERSUS ADITYA @ RAJA Respondent(s) Date : 29-11-2021 This petition was called on for hearing today. For Petitioner(s) Mr. Bhuwan Raj, AOR For Respondent(s) UPON hearing the counsel, the Court made the following O R D E R Ld. Counsel for the petitioner submits that the sole respondent has been duly served; however, none appears on behalf of the said respondent. The matter may accordingly be processed for listing before the Hon’ble Court, as per rules. AVANI PAL SINGH Registrar

ITEM NO.21 Court 11 (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). 916/2021 NILAM @ ALKA Petitioner(s) VERSUS ADITYA @ RAJA Respondent(s) (FOR ADMISSION and IA No.56880/2021-STAY APPLICATION ) Date : 04-05-2021 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN For Petitioner(s) Mr. Bhuwan Raj, AOR Mr. Raghunath Pathak, Adv. Mr. Romesh Agarwal, Adv. Mr. Rohit Pandey, Adv. Mr. Shashank Shekhar Dubey, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. In the meantime, proceedings in Petition No.A-236 of 2021 titled as “Shri Aditya @ Raja Vs. Sau. Nilam @ Alka” pending before Principal Judge, Family Court, Nagpur, Maharashtra shall remain stayed. (RASHMI DHYANI) (MATHEW ABRAHAM) COURT MASTER COURT MASTER

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