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NEELAM GUPTA v. UMESH CHANDRA GUPTA

Supreme Court of India | Diary 10262/2013

Status

ROP - of Main Case

Decided On

10-03-2014

Bench

Petitioner

NEELAM GUPTA

Respondent

UMESH CHANDRA GUPTA

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Full Judgment Text

ö IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION(CIVIL)NO.586 OF 2013NEELAM GUPTA ... PETITIONER VERSUSUMESH CHANDRA GUPTA ... RESPONDENT O R D E R1. This transfer petition is filed under Section 25 of the Code ofCivil Procedure, 1908 read with Order XXXVI-B of the Supreme Court Rules,1966, for transfer of Case No. 210 of 2011, titled as "Umesh Chandra Guptav. Neelam Gupta", pending before the Court of the Family Judge, Haridwar,Uttarakhand to the Family Court, Kanpur, Uttar Pradesh.2. Heard the learned counsel for the parties to the lis.3. Pursuant to the orders and directions issued by this Court on24.02.2014, the petitioner had presented a Demand Draft in the name ofNeelam-petitioner herein with her bankers.4. We are informed by the learned counsel appearing for thepetitioner that the said draft has been en-cashed.5. In view of the above, we now direct the learned counsel for thepetitioner to hand-over the keys of the portion of the matrimonial home tothe learned counsel for the respondent.6. We clarify that, if the parties are desirous of having a decreeof divorce from the Family Court, they would make appropriateapplication(s)/petition(s) before the appropriate Family Court at Haridwarwithin six weeks' time from today.7. The Transfer Petition is disposed of as having becomeunnecessary. ...................J. (H.L. DATTU) ...................J. (S.A. BOBDE)NEW DELHI;MARCH 10, 2014ITEM NO.49 COURT NO.3 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSTRANSFER PETITION (CIVIL.) NO(s). 586 OF 2013NEELAM GUPTA Petitioner(s) VERSUSUMESH CHANDRA GUPTA Respondent(s)(With appln(s) for stay and office report )

Date: 10/03/2014 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE S.A. BOBDEFor Petitioner(s) Ms. Rukhsana Choudhury,Adv.(SCLSC)For Respondent(s) Mr.Sanjeev Uniyal, Adv. for Dr. (Mrs.) Vipin Gupta,Adv. UPON hearing counsel the Court made the following O R D E R The Transfer Petition is disposed of, in terms of the signed order. (G.V.Ramana) (Vinod Kulvi) Court Master Asstt.Registrar (Signed order is placed on the file)

.ITEM NO.47 COURT NO.3 SECTION XVIA 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(s). 586 OF 2013NEELAM GUPTA Petitioner(s) VERSUSUMESH CHANDRA GUPTA Respondent(s)(With appln(s) for stay and office report)Date: 24/02/2014 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE S.A. BOBDEFor Petitioner(s) Ms. Rukhsana Choudhury, Adv. (SCLSC)For Respondent(s) Mr. Sanjeev Uniyal, Adv. for Dr. (Mrs.) Vipin Gupta, Adv. UPON hearing counsel the Court made the following O R D E R Pursuant to our directions issued on 10.02.2014 learned counsel for the respondent-husband is present before us with a demand draft in the name of Neelam-Petitioner for a sum of `4,75,000. The same has been handed over to the petitioner. He has also paid a sum of `5,000 by cash to the petitioner towards her traveling expenses. The petitioner is directed to present the demand draft for realization before her banker(s) within two days time from today. If the said demand draft is realized, ...2/- : 2 : then the petitioner shall hand over the keys of the portion of the matrimonial home to her counsel to enable him/her to take necessary steps in this regard. List on March 10, 2014. |(N.S.K. Kamesh) | |(Vinod Kulvi) ||Court Master | |Assistant Registrar |

&ITEM NO.1 COURT NO.3 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSTRANSFER PETITION (CIVIL.) NO(s). 586 OF 2013NEELAM GUPTA Petitioner(s) VERSUSUMESH CHANDRA GUPTA Respondent(s)(With appln(s) for stay and office report )Date: 10/02/2014 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE S.A. BOBDEFor Petitioner(s) Ms. Rukhsana Choudhury,Adv.For Respondent(s) Mr.Sanjeev Uniyal, Adv for Dr. (Mrs.) Vipin Gupta,Adv. UPON hearing counsel the Court made the following O R D E R Call the matter on 24.02.2014. We direct both the parties to be present before this Court on24.02.214 at 10.30 a.m. The petitioner shall keep the keys of the house with her that will behanded over to the respondent on the next date of hearing. The respondent is also directed to be present with a Demand Draft fora sum of Rs.4,75,000/- without fail on the next date of hearing. The respondent is further directed to bring a sum of Rs.5,000/- to behanded over to the petitioner towards her traveling expenses. (G.V.Ramana) (Vinod Kulvi) Court Master Asstt.Registrar

\234ITEM NO.50 COURT NO.3 SECTION XVIA 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. 586 OF 2013NEELAM GUPTA Petitioner(s) VERSUSUMESH CHANDRA GUPTA Respondent(s)(With appln(s) for stay and I.A. No.3 for recoding settlement and grant oforder under Article 142 of the Constitution of India and office report)Date: 06/01/2014 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE H.L. DATTU HON'BLE MR. JUSTICE S.A. BOBDEFor Petitioner(s) Ms. Rukhsana Choudhury,Adv.For Respondent(s) Dr. (Mrs.) Vipin Gupta,Adv. Ms. Nanani Gupta,Adv. UPON hearing counsel the Court made the following O R D E R Both the parties are directed to appear before this Court on 10th February, 2014 at 10.30 A.M. (A.S. BISHT) (VINOD KULVI) A.R.-CUM-P.S. ASSTT. REGISTRAR

:ITEM NO.60 IN COURT NO.1 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSTRANSFER PETITION (CIVIL.) NO(s). 586 OF 2013NEELAM GUPTA Petitioner(s) VERSUSUMESH CHANDRA GUPTA Respondent(s)(With appln(s) for stay and office report)Date: 29/10/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE G.S. SINGHVI HON'BLE MR. JUSTICE SHIVA KIRTI SINGH HON'BLE MR. JUSTICE C. NAGAPPANFor Petitioner(s) Ms. Rukhsana Choudhury, Adv.For Respondent(s) Dr. (Mrs.) Vipin Gupta, Adv. UPON hearing counsel the Court made the following O R D E R List the case in January, 2014. (Satish K.Yadav) (Phoolan Wati Arora) Court Master Court Master

ÞITEM NO.48 COURT NO.2 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSTRANSFER PETITION (CIVIL.) NO(s). 586 OF 2013NEELAM GUPTA Petitioner(s) VERSUSUMESH CHANDRA GUPTA Respondent(s)(With appln(s) for stay and office report ))Date: 09/09/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE G.S. SINGHVI HON'BLE MR. JUSTICE V. GOPALA GOWDAFor Petitioner(s) Ms. Uttara Babbar,Adv.For Respondent(s) Mr. Sanjeev Uniyal, Adv. UPON hearing counsel the Court made the following O R D E R Learned counsel for the parties state that their clients have almost settled their disputes and some minor issues remained to be sorted out. As requested by the learned counsel, hearing of the petition is adjourned to 21.10.2013. |(Parveen Kr.Chawla) | |(Phoolan Wati Arora) ||Court Master | |Court Master || | | |

RITEM NO.57 COURT NO.2 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSTRANSFER PETITION (CIVIL.) NO(s). 586 OF 2013NEELAM GUPTA Petitioner(s) VERSUSUMESH CHANDRA GUPTA Respondent(s)(With appln(s) for stay and office report)Date: 29/07/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE G.S. SINGHVI HON'BLE MR. JUSTICE SUDHANSU JYOTI MUKHOPADHAYA HON'BLE MR. JUSTICE V. GOPALA GOWDAFor Petitioner(s) Ms. Uttara Babbar, Adv.(SCLSC)For Respondent(s) Dr. (Mrs.) Vipin Gupta, Adv. UPON hearing counsel the Court made the following O R D E R List the case on 09.09.2013. (Satish K.Yadav) (Phoolan Wati Arora) Court Master Court Master

<ITEM NO.8 COURT NO.2 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSTRANSFER PETITION (CIVIL.) NO(s). 586 OF 2013NEELAM GUPTA Petitioner(s) VERSUSUMESH CHANDRA GUPTA Respondent(s)(With appln(s) for stay and office report)Date: 26/07/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE G.S. SINGHVI HON'BLE MR. JUSTICE V. GOPALA GOWDAFor Petitioner(s) Ms. Uttara Babbar, Adv. Mr.Shyam Mohan, Adv.For Respondent(s) Mr.Sanjeev Uniyal, Adv. Dr.(Mrs.)Vipin Gupta, Adv. UPON hearing counsel the Court made the following O R D E R Perused the office report. Learned counsel for the parties state that nothwithstandingfailure of the mediation, their clients have again agreed to talk over thematter and make another effort for resolution of their disputes. In view of the statement of the learned counsel, hearing of thepetition is adjourned to Monday i.e. 29.07.2013. (Satish K.Yadav) (Phoolan Wati Arora) Court Master Court Master

<ITEM NO.5 COURT NO.3 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSTRANSFER PETITION (CIVIL.) NO(s). 586 OF 2013NEELAM GUPTA Petitioner(s) VERSUSUMESH CHANDRA GUPTA Respondent(s)(With appln(s) for stay and office report)Date: 12/07/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE G.S. SINGHVI HON'BLE MR. JUSTICE V. GOPALA GOWDAFor Petitioner(s) Ms. Uttara Babbar, Adv.(SCLSC)For Respondent(s) Dr.(Mrs.) Vipin Gupta, Adv. Mr.Sanjeev Uniyal, Adv. UPON hearing counsel the Court made the following O R D E R List the case after one week. (Satish K.Yadav) (Usha Sharma) Court Master Court Master

ÒITEM NO.13 COURT NO.3 SECTION XVIA S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGSTRANSFER PETITION (CIVIL.) NO(s). 586 OF 2013(for prel. hearing)NEELAM GUPTA Petitioner(s) VERSUSUMESH CHANDRA GUPTA Respondent(s)(With appln(s) for ex-parte stay,exemption from filing O.T.Date: 18/04/2013 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE G.S. SINGHVI HON'BLE MR. JUSTICE SHARAD ARVIND BOBDEFor Petitioner(s) Ms. Uttara Babbar,Adv.(SCLSC)For Respondent(s) UPON hearing counsel the Court made the following O R D E R In this petition, the petitioner has prayed for transfer of Case No. 210 of 2011 titled Umesh Chandra Gupta v. Neelam Gupta pending before the Family Judge, Haridwar within the State of Uttarakhand. In response to the query made by the Court, learned counsel stated that so far the issues have not been framed by the Family Court at Haridwar within the State of Uttarakhand. Issue notice on the transfer petition as also on the petitioner's prayer for interim relief, returnable on 12.07.2013. Dasti, in addition, is permitted. In the meanwhile, further proceedings in Case No. 210 of 2011 titled Umesh Chandra Gupta v. Neelam Gupta pending before the Family Judge, Haridwar within the State of Uttarakhand shall remain stayed. It shall be the petitioner's duty to serve the respondent before the next date of hearing failing which the interim order passed today shall stand automatically vacated. The parties are directed to appear before the Mediation Centre of the Supreme Court on 03.06.2013 to explore the possibility of an amicable settlement of their matrimonial dispute. The In-charge, Mediation Centre of the Supreme Court, shall submit report to this Court within next three weeks. List the case on 12.07.2013. A copy of this order be served upon the respondent along with the notice at the address given in the memo of the transfer petition. |(Parveen Kr.Chawla) | |(Phoolan Wati Arora) ||Court Master | |Court Master || | | |

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