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VINITA KESHWANI v. VIKRAM KUMAR

Supreme Court of India | Diary 10267/2025

Status

ROP - of Main Case

Decided On

18-07-2025

Bench

HON'BLE MR. JUSTICE SANJAY KUMAR and HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA

Petitioner

VINITA KESHWANI

Respondent

VIKRAM KUMAR

Primary Holding

A matrimonial cause pending before a Family Court may be transferred to a court in another State in the interest of justice, and a respondent who has been duly served but fails to appear may be proceeded against ex parte in such transfer proceedings.

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (CIVIL) NO. /2025 (@ Diary No. 10267/2025) VINITA KESHWANI ..... PETITIONER(S) VERSUS VIKRAM KUMAR ..... RESPONDENT(S) O R D E R Delay in refiling is condoned. As per the office report, the respondent has been served. However, he has chosen not to enter appearance. It may be noted that, by order dated 28.04.2025, while issuing notice, the proceedings in H.M.A. No. 1926/2024, titled “Vikram Kumar vs. Vinita Keshwani”, pending before the learned Principal Judge, Family Courts, District Shahdara, Karkardooma, Delhi, were stayed. It is, thus, apparent that the respondent would be aware of the pendency of the present petition. The respondent is, therefore, set ex parte. Having given due consideration to the contentions raised by the petitioner and the averments made in the transfer petition, the transfer petition is allowed in the interest of justice. Accordingly, H.M.A. No. 1926/2024, titled “Vikram Kumar vs. Vinita Keshwani”, pending before the learned Principal Judge, Family Courts, District Shahdara, Karkardooma, Delhi, is directed to be transferred to the learned Principal Judge, Family Court, Belpur, Navi Mumbai, Maharashtra.

Records of the case shall be immediately transferred to the transferee Court. To cut short the delay, parties are directed to appear before the transferee Court on 18.08.2025. On the said date and thereafter, the parties may appear in person or through their authorized representatives or through video-conferencing, if the said facility is available in the transferee Court. In case there is non-appearance on behalf of any party on the date fixed by this Court, notice shall be issued by the transferee Court to the defaulting party. The parties may explore the possibility of settlement through mediation. The transferee Court may obtain the desire and wishes of the parties and proceed accordingly in this regard. The transferee Court shall decide the matter expeditiously. Pending application(s), if any, stand disposed of. ......................J. (SANJAY KUMAR) ......................J. (SATISH CHANDRA SHARMA) NEW DELHI; JULY 18, 2025.

ITEM NO.4 COURT NO.14 SECTION XIV 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) Diary No. 10267/2025 VINITA KESHWANI Petitioner(s) VERSUS VIKRAM KUMAR Respondent(s) FOR ADMISSION, IA No. 100890/2025 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS, IA No. 100888/2025 - EX-PARTE STAY IA No. 100889/2025 - EXEMPTION FROM FILING O.T. Date : 18-07-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR HON'BLE MR. JUSTICE SATISH CHANDRA SHARMA For Petitioner(s) Mr. Shiv Shanker Banerjee, Adv. Ms. Madhurima Ghosh, Adv. Ms. Puja Gupta, Adv. Ms. Mohini Priya, AOR Ms. Sayesha Gambhir, Adv. For Respondent(s) UPON hearing the counsel, the Court made the following O R D E R Delay in refiling is condoned. The transfer petition is allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of. (Babita Pandey) (Preeti Saxena) Astt. Registrar-cum-PS Court Master (NSH) (Signed order is placed on the file)

ITEM NO.61 REGISTRAR COURT. 1 SECTION XIV 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 MS. SUJATA SINGH TRANSFER PETITION (CIVIL) Diary No(s). 10267/2025 VINITA KESHWANI Petitioner(s) VERSUS VIKRAM KUMAR Respondent(s) FOR ADMISSION Date : 23-05-2025 This petition was called on for hearing today. For Petitioner(s) : Mr. Shiv Shanker Banerjee, Adv. Ms. Mohini Priya, AOR Ms. Sayesha Gambhir, Adv. For Respondent(s) : UPON hearing the counsel the Court made the following O R D E R Ld.counsel who appeared before the Hon'ble Court on 28.04.2025 for the sole respondent has accepted the notice and waived the service thereof. Hence service is deemed to be complete but no vakalatnama and counter affidavit has been filed despite Hon’ble Court's order dated 28.04.2025. Registry to process the matter for listing before the Hon'ble Court as per rules. SUJATA SINGH Registrar HJ

ITEM NO.1601 COURT NO.5 SECTION IX 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) Diary No(s). 10267/2025 VINITA KESHWANI Petitioner(s) VERSUS VIKRAM KUMAR Respondent(s) IA No. 100890/2025 - CONDONATION OF DELAY IN REFILING / CURING THE DEFECTS; IA No. 100888/2025 - EX-PARTE STAY; IA No. 100889/2025 - EXEMPTION FROM FILING O.T. Date : 28-04-2025 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANDEEP MEHTA For Petitioner(s) Mr. Shiv Shanker Banerjee, Adv. Ms. Madhurima Ghosh, Adv. Ms. Puja Gupta, Adv. Ms. Mohini Priya, AOR For Respondent(s) Mr. Sudhir Mediratta, Adv. Mr. Manoj Kumar Migara, Adv. UPON hearing the counsel the Court made the following O R D E R Issue notice returnable within six weeks. 2. Mr. Sudhir Mediratta, learned counsel accepts notice on behalf of the respondent and waives service of notice on the respondent. He prays for and is granted four weeks time to file counter affidavit. 2. In the meantime, there shall be stay of further proceedings in the HMA No. 1926/2024 titled as “Mr. Vikram Kumar vs. Mrs. Vinita Keshwani ” pending before the Principal Judge, Family Courts, District Shahdara, Karkardooma, Delhi. (KANCHAN CHOUHAN) (RAM SUBHAG SINGH) SENIOR PERSONAL ASSISTANT ASSISTANT REGISTRAR

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