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NIVEDITA JOHN v. ABHISHEK SINGH

Supreme Court of India | Diary 10250/2023

Status

ROP - of Main Case

Decided On

13-07-2023

Bench

HON'BLE MR. JUSTICE SANJIV KHANNA and HON'BLE MS. JUSTICE BELA M. TRIVEDI

Petitioner

NIVEDITA JOHN

Respondent

ABHISHEK SINGH

Primary Holding

Under Section 25 of the Code of Civil Procedure, the Supreme Court may transfer matrimonial proceedings between Family Courts across states in the interest of justice, directing expeditious disposal and exploring settlement through mediation.

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Full Judgment Text

1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO. 785 OF 2023 NIVEDITA JOHN PETITIONER VERSUS ABHISHEK SINGH RESPONDENT O R D E R Having heard the learned counsel for the parties, the averments m ade in the transfer petition, and in the interest of justice, we allow the transfer petition. Accordingly, Case no. RCSA/0000132/2022 titled “ Abhishek Singh vs. Nivedita John ”, pending before the Principal Judge, Family Court, District Court, Bhopal, Madhya Pradesh is directed to be transferred to the court of Principal Judge, Family Court at Lucknow, Uttar Pradesh, who may hear the case himself or assign it to a court of competent jurisdiction. Records of the case would be immediately transferred to the transferee court. To cut short delay, parties are directed to appear in person, through an authorized representative or through video-conferencing if the said facility is available, before the transferee court on 23.08.2023. However, in case there is non-appearance, court notice would be issued to the defaulting party. The parties may explore possibility of settlement through mediation. The transferee court would obtain the desire and wishes

2 of the parties and proceed accordingly in this regard. The transferee court would decide the matter expeditiously. Pending application(s), if any, shall stand disposed of. ..................J. (SANJIV KHANNA) ..................J. (BELA M. TRIVEDI) NEW DELHI; JULY 13, 2023.

3 ITEM NO.2 COURT NO.3 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. 785/2023 NIVEDITA JOHN Petitioner(s) VERSUS ABHISHEK SINGH Respondent(s) (FOR ADMISSION and IA No.63089/2023-EX-PARTE STAY and IA No.63092/2023-EXEMPTION FROM FILING O.T.) Date : 13-07-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MS. JUSTICE BELA M. TRIVEDI For Petitioner(s) Mr. Arvind Kumar Shukla, Adv. Ms. Reetu Sharma, AOR Mr. Nihal Ahmad, Adv. Mr. Shantanu Shukla, Adv. Mr. Tushar Swami, Adv. Ms. Susmita Devi Ghimiray, Adv. For Respondent(s) Mr. Shantanu Jugtawat, Adv. Mr. Chandrakant Sukumar Sarkar, Adv. Mr. Mukesh Kumar Singh, Adv. Ms. Kajal Rani, Adv. Mr. Virendera Kumar, Adv. Mr. Ikshit Singhal, Adv. Mr. Kunwar Siddharth Singh, Adv. M/s. Mukesh Kumar Singh And Co., AOR 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(s), if any, shall stand disposed of. (DEEPAK GUGLANI) (R.S. NARAYANAN) AR-cum-PS ASSISTANT REGISTRAR (signed order is placed on the file)

1 ITEM NO.1604 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. 785/2023 NIVEDITA JOHN Petitioner(s) VERSUS ABHISHEK SINGH Respondent(s) (FOR ADMISSION and IA No.63089/2023-EX-PARTE STAY and IA No.63092/2023-EXEMPTION FROM FILING O.T.) Date : 05-04-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPANKAR DATTA For Petitioner(s) Ms. Reetu Sharma, AOR Mr. Arvind Kumar Shukla, Adv. Mr. Reetu Sharma, Adv. Mr. Nihal Ahmad, Adv. Mr. Tushar Swami, Adv. Mr. Shantanu Shukla, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R The petitioner-wife seeks transfer of proceedings initiated by the respondent-husband under Section 10(1)(x) of the Indian Divorce Act 1869, bearing Case No. RCSA/0000132/2022 titled as “Abhishek Singh v. Nivedita John”, pending before the Ld. Principal Judge, Family Court, District Court, Bhopal (M.P.) to the Court of Ld. Principal Judge, Family Court, Lucknow, Uttar Pradesh, on the grounds urged in the petition.

2 Issue notice, returnable within six weeks. Until further orders, proceedings before the Family Court, District Court, Bhopal (M.P.) being Case No. RCSA/0000132/2022 shall remain stayed. (ASHIMA CHHABRA) (VIRENDER SINGH) SENIOR PERSONAL ASSISTANT BRANCH OFFICER

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