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LAISHA WADHWA v. KRITKARAN SINGH BHARDWAJ

Supreme Court of India | Diary 10268/2023

Status

ROP - of Main Case

Decided On

18-10-2023

Bench

HON'BLE MR. JUSTICE SANJIV KHANNA and HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA

Petitioner

LAISHA WADHWA

Respondent

KRITKARAN SINGH BHARDWAJ

Primary Holding

In matrimonial matters, the Supreme Court may transfer a pending case from one Family Court to another in the interest of justice, proceeding ex-parte against a respondent who, despite service, fails to appear.

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Full Judgment Text

1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C) NO. 700/2023 LAISHA WADHWA ..... PETITIONER VERSUS KRITKARAN SINGH BHARDWAJ ..... RESPONDENT O R D E R As per the office report, the respondent has been served. However, none has appeared on behalf of the respondent - Kritkaran Singh Bhardwaj. By the order dated 29.03.2023, while issuing notice, proceedings in H.M.A. Case No.93/2022 titled “Kritkaran Singh vs. Laisha Wadhwa” pending before the Principal Judge, Family Court at Jalandhar, Punjab were stayed. It is, therefore, apparent that the respondent would be aware of the pendency of the present petition. In view of the aforesaid, the respondent is proceeded, ex- parte. Having given due consideration to the contentions raised by the petitioner, the averments made in the transfer petition, and in the interest of justice, the transfer petition is allowed. Accordingly, H.M.A. Case No.93/2022 titled “Kritkaran Singh vs. Laisha Wadhwa” pending before the Principal Judge, Family Court at Jalandhar, Punjab is directed to be transferred to the court of

2 Principal Judge, Family Court at Rohini, New Delhi, 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 or through the authorized representatives, or through video- conferencing if the said facility is available in the transferee court on 07.12.2023. In case there is non-appearance on behalf of a party on the date fixed, court notice would be issued by the transferee court to the defaulting party. The parties may explore possibility of settlement through mediation. The transferee court would obtain the desire and wishes of the parties and proceed accordingly in this regard. The transferee court would decide the matter expeditiously. Pending application(s), if any, stand disposed of. ............................J. (SANJIV KHANNA) ............................J. (PAMIDIGHANTAM SRI NARASIMHA) NEW DELHI; OCTOBER 18, 2023.

3 ITEM NO.4 COURT NO.3 SECTION IV-B 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). 700/2023 LAISHA WADHWA Petitioner(s) VERSUS KRITKARAN SINGH BHARDWAJ Respondent(s) (IA No. 56556/2023 - STAY APPLICATION) Date : 18-10-2023 These matters were called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJIV KHANNA HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA For Petitioner(s) Mr. Siddharth Sangal, AOR Mr. Atul Sahi, Adv. Ms. Richa Mishra, Adv. Mr. Chirag Sharma, Adv. Ms. Nilanjani Tandon, Adv. Ms. Harshita Agrawal, Adv. For Respondent(s) 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. (BABITA PANDEY) (R.S. NARAYANAN) COURT MASTER (SH) ASSISTANT REGISTRAR (Signed order is placed on the file)

ITEM NO.43 REGISTRAR COURT. 1 SECTION IV-B 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. H. SHASHIDHARA SHETTY Transfer Petition(s)(Civil) No(s). 700/2023 LAISHA WADHWA Petitioner(s) VERSUS KRITKARAN SINGH BHARDWAJ Respondent(s) IA No. 56556/2023 - STAY APPLICATION) Date : 09-10-2023 These matters were called on for hearing today. For Petitioner(s) Mr. Siddharth Sangal, AOR Mr. Atul Sahi, Adv. Ms. Richa Mishra, Adv. Mr. Chirag Sharma, Adv. Ms. Nilanjani Tandon, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Service is complete on the sole respondent but none has entered appearance. Registry to process the matter for listing before the Hon’ble Court, as per rules. H. SHASHIDHARA SHETTY Registrar

ITEM NO.29 REGISTRAR COURT. 1 SECTION IV-B 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. H. SHASHIDHARA SHETTY Transfer Petition(s)(Civil) No(s). 700/2023 LAISHA WADHWA Petitioner(s) VERSUS KRITKARAN SINGH BHARDWAJ Respondent(s) IA No. 56556/2023 - STAY APPLICATION) Date : 16-08-2023 These matters were called on for hearing today. For Petitioner(s) Mr. Siddharth Sangal, AOR Mr. Atul Sahi, Adv. Ms. Richa Mishra, Adv. Mr. Chirag Sharma, Adv. Ms. Nilanjani Tandon, Adv. Mr. Lalit Allawadhi, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R As per office report, Ld. Counsel for the petitioner has not filed affidavit of dasti service in respect of the sole respondent. However, Ld. Counsel for the petitioner submits that she has filed affidavit of dasti service on 14.8.2023. Office to verify and submit report by the next date. List again on 31.8.2023. H. SHASHIDHARA SHETTY Registrar

ITEM NO.62 REGISTRAR COURT. 1 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. H. SHASHIDHARA SHETTY Transfer Petition(s)(Civil) No(s). 700/2023 LAISHA WADHWA Petitioner(s) VERSUS KRITKARAN SINGH BHARDWAJ Respondent(s) IA No. 56556/2023 - STAY APPLICATION) Date : 10-07-2023 These matters were called on for hearing today. For Petitioner(s) Mr. Siddharth Sangal, AOR Mr. Atul Sahi, Adv. Ms. Richa Mishra, Adv. Mr. Chirag Sharma, Adv. Ms. Nilanjani Tandon, Adv. Mr. Lalit Allawadhi, Adv. For Respondent(s) UPON hearing the counsel, the Court made the following O R D E R Ld. Counsel for the petitioner is granted two weeks’ time to take fresh steps and file fresh particulars in respect of the unserved sole respondent. Dasti, in addition, is allowed as prayed for. List again on 16.08.2023. H. SHASHIDHARA SHETTY Registrar

ITEM NO.1734 COURT NO.6 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).700/2023 LAISHA WADHWA Petitioner(s) VERSUS KRITKARAN SINGH BHARDWAJ Respondent(s) (OFFICE REPORT ON DEFAULT IA No.56556/2023 - STAY APPLICATION) Date : 09-05-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR [IN CHAMBER] For Petitioner(s) Mr. Siddharth Sangal, AOR Mr. Atul Sahi, Adv. Ms. Nilanjani Tandon, Adv. Mr. Lalit Allawadhi, Adv. Ms. Richa Mishra, Adv. For Respondent(s) UPON hearing the counsel, the Court made the following O R D E R Mr. Siddharth Sangal, learned counsel, appearing for the petitioner, seeks some more time to file a spare copy for effecting service of notice upon the sole respondent. Needful shall be done without fail by the next date of hearing. List this matter after four weeks. (ARJUN BISHT) (RANJANA SHAILEY) COURT MASTER (SH) COURT MASTER (NSH)

ITEM NO.1608 COURT NO.16 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). 700/2023 LAISHA WADHWA Petitioner(s) VERSUS KRITKARAN SINGH BHARDWAJ Respondent(s) (FOR ADMISSION and IA No.56556/2023-STAY APPLICATION ) Date : 29-03-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Mr. Siddharth Sangal, AOR Mr. Atul Sahi, Adv. Ms. Nilanjani Tandon, Adv. Mr. Chirag Sharma, Adv. Mr. Lalit Allawadhi, Adv. Ms. Richa Mishra, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. In the meanwhile, there shall be stay of further proceedings of HMA Case No. 93 of 2022 titled “ Kritkaran Singh Bhardwaj Vs. Laisha Wadhwa” pending before the Principal Judge, Family Court at Jalandhar, Punjab. (SONIA BHASIN) (MALEKAR NAGARAJ) COURT MASTER (SH) BRANCH OFFICER

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