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SHASHI SINGH v. DHARAM DAS

Supreme Court of India | Diary 10258/2022

Status

ROP - of Main Case

Decided On

12-10-2022

Bench

HON'BLE MR. JUSTICE ANIRUDDHA BOSE and HON'BLE MR. JUSTICE VIKRAM NATH

Petitioner

SHASHI SINGH

Respondent

DHARAM DAS

Primary Holding

When the Supreme Court is satisfied that it is expedient for the ends of justice, it may transfer matrimonial proceedings from one Family Court to another court of competent jurisdiction in a different State under its transfer jurisdiction.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION Transfer Petition (Civil) No. 976/2022 SHASHI SINGH Petitioner(s) VERSUS DHARAM DAS Respondent(s) O R D E R The present petition has been filed by the petitioner seeking transfer of the proceedings in H.M.A. No. 727/2021 titled as “Dharam Das vs. Dr. Shashi Singh ” (subject-case) pending before the Family Courts, Dwarka, South-West, New Delhi is hereby transferred to the Court of competent jurisdiction at Gorakhpur, Uttar Pradesh. Heard learned counsel for the petitioner. On considering the facts and circumstances on the basis of which the petitioner seeks transfer of the subject-case, we are satisfied that it would be expedient for the ends of justice to transfer the both the cases to the Court asked for by the petitioner. We order accordingly. The records of the said proceedings shall be sent to the transferee Court and the Court of competent jurisdiction at Gorakhpur, Uttar Pradesh shall proceed in the matter from the stage at which the matter is transferred to it. 1

The Transfer Petition stands allowed accordingly. Pending application(s), if any, shall stand disposed of. There shall be no order as to costs. ………………………………………………J. (ANIRUDDHA BOSE) ………………………………………………J. (VIKRAM NATH) 12 th OCTOBER 2022 NEW DELHI 2

ITEM NO.22 COURT NO.15 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). 976/2022 SHASHI SINGH Petitioner(s) VERSUS DHARAM DAS Respondent(s) (FOR ADMISSION and IA No.63820/2022-EX-PARTE STAY IA No. 63820/2022 - EX-PARTE STAY) Date : 12-10-2022 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIRUDDHA BOSE HON'BLE MR. JUSTICE VIKRAM NATH For Petitioner(s) Mr. Dushyant Tiwari, Adv. Ms. Supriya Pandita, Adv. Mr. Omprakash Ajitsingh Parihar, AOR For Respondent(s) Mr. Karan Sharma, AOR Mr. Mohit Siwach, Adv. Mr. Rishab Sharma, Adv. Mr. Ravi Dass, 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 applications, if any, stand disposed of. (HARSHITA UPPAL) (VIDYA NEGI) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR (Signed order is placed on the file) 3

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(s)(Civil) No(s). 976/2022 SHASHI SINGH Petitioner(s) VERSUS DHARAM DAS Respondent(s) (FOR ADMISSION and IA No.63820/2022-EX-PARTE STAY ) Date : 04-05-2022 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Petitioner(s) Mr. Omprakash Ajitsingh Parihar, AOR Mr. Gaurav Singh, Adv. Mr. Dushyant Tiwari, Adv. Mr. Chandra Prakash Singh, Adv. Ms. Supriya Pandita, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. In the meantime, all further proceedings in H.M.A. No. 727 of 2021 titled as “Dharam Das Vs. Shashi Singh ” pending before the Family Courts, Dwarka, South West, New Delhi, shall remain stayed. (HARSHITA UPPAL) (RANJANA SHAILEY) SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

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