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GUNISH KAUR ARORA v. HARSHDEEP SINGH

Supreme Court of India | Diary 10283/2012

Status

ROP - of Main Case

Decided On

12-10-2012

Bench

Petitioner

GUNISH KAUR ARORA

Respondent

HARSHDEEP SINGH

Primary Holding

In matrimonial transfer petitions, the hardship caused to the wife by litigating at a distant forum constitutes sufficient ground to transfer proceedings to the court within whose jurisdiction she resides.

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Full Judgment Text

ôITEM NO.52 COURT NO.6 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). 528 OF 2012GUNISH KAUR ARORA Petitioner(s) VERSUSHARSHDEEP SINGH Respondent(s)(With appln(s) for stay,permission to file additional documents and officereport )Date: 12/10/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE R.M. LODHA HON'BLE MR. JUSTICE ANIL R. DAVEFor Petitioner(s) Mr. Ajay Brahme, Adv. Mr. Rishikesh, Adv. Mr. Gyan Prakash Srivastava,Adv.For Respondent(s) Mr. Anshuman Ashok, Adv. for Mr. Chander Shekhar Ashri,Adv. UPON hearing counsel the Court made the following O R D E R Transfer Petition is allowed in terms of signed order.|(Pardeep Kumar) | |(Renu Diwan) ||Court Master | |Court Master | [SIGNED ORDER IS PLACED ON THE FILE ] IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C) NO. 528 OF 2012| GUNISH KAUR ARORA |...| PETITIONER(s) |

| Versus || HARSHDEEP SINGH |...| RESPONDENT(s) | O R D E R This is wife's petition seeking transfer of Petition No. 2607 of 2011 for annulment of marriage, Harshdeep Singh vs. Gunish Singh Arora from the Family Court, Lucknow (U.P.) to the Family Court, Bilaspur (Chattisgarh). 2. Notice of Transfer Petition has been served on the respondent and in opposition thereto, a counter-affidavit has been filed by him. 3. We have considered the averments made in the Transfer Petition and the counter-affidavit filed by the respondent. 4. Having regard to the fact that the petitioner-wife resides in Bilaspur (Chhatisgarh), we are satisfied that the petitioner-wife shall be put to greater hardship if the proceedings in the above Petition filed by : 2 : the respondent are allowed to be continued in Family Court, Lucknow (U.P.). 5. We, accordingly, allow the Transfer Petition and transfer Petition No. 2607 of 2011, Harshdeep Singh vs. Gunish Singh Arora from the Family Court, Lucknow (U.P.) to the Family Court, Bilaspur (Chattisgarh). The transferrer court shall transmit the record and proceedings pertaining to the above Petition to the transferee court without any delay. No costs. .........................J. (R.M. LODHA) ..........................J. (ANIL R. DAVE) NEW DELHI OCTOBER 12, 2012.

\210ITEM NO.52 COURT NO.7 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). 528 OF 2012GUNISH KAUR ARORA Petitioner(s) VERSUSHARSHDEEP SINGH Respondent(s)(With appln(s) for stay and permission to file additional documents and office report)Date: 07/09/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE R.M. LODHA HON'BLE MR. JUSTICE ANIL R. DAVEFor Petitioner(s) Mr. Ajay Brahme, Adv. Mr. Rishikesh Awasthi, Adv. Mr. Gyan Prakash Srivastava,Adv.For Respondent(s) Mr. A.K. Srivastava, Sr. Adv. Mr. Anshuman Ashok, Adv. Mr. Chander Shekhar Ashri,Adv. UPON hearing counsel the Court made the following O R D E R Learned senior counsel for the respondent prays for some time to enable the respondent to place on record the entire proceedings of the Family Court, Lucknow, to indicate progress that has taken place in the matrimonial case being Case No. 2607/11. List the matter after four weeks.|(Rajesh Dham) | |(Renu Diwan) ||Court Master | |Court Master |

NITEM NO.50 COURT NO.6 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). 528 OF 2012GUNISH KAUR ARORA Petitioner(s) VERSUSHARSHDEEP SINGH Respondent(s)(With appln(s) for stay and office report)Date: 09/08/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE R.M. LODHA HON'BLE MR. JUSTICE ANIL R. DAVEFor Petitioner(s) Mr. Gyan Prakash Srivastava,Adv. (not present)For Respondent(s) Mr. A.K Srivastava, Sr. Adv. Mr. Anshuman Ashok, Adv. Mr. Makmool Alam, Adv. for Mr. Chander Shekhar Ashri,Adv. UPON hearing counsel the Court made the following O R D E R No body appears for the petitioner. Instead of dismissing the Transfer Petition, we intend to grant one more opportunity to the petitioner or her advocate-on-record to appear on the next date. List the matter after three weeks.|(Pardeep Kumar) | |(Renu Diwan) ||Court Master | |Court Master |

\ITEM NO.15 COURT NO.7 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). 528 OF 2012 [FOR PREL. HEARING]GUNISH KAUR ARORA Petitioner(s) VERSUSHARSHDEEP SINGH Respondent(s)(With appln(s) for ex-Parte stay,exemption from filing O.T.)Date: 23/04/2012 This Petition was called on for hearing today.CORAM : HON'BLE MR. JUSTICE R.M. LODHA HON'BLE MR. JUSTICE H.L. GOKHALEFor Petitioner(s) Mr. Ajay, Adv. Mr. Rishikesh Awasthi, Adv. for Mr. Gyan Prakash Srivastava,Adv.For Respondent(s) UPON hearing counsel the Court made the following O R D E R Issue notice returnable in twelve weeks. Dasti, in addition to the ordinary process. In the meanwhile, further proceedings in HMA No. 2607 of 2011, Harshdeep Singh vs. Gunish Kaur Arora, pending before the court of Principal Judge, Family Court, Lucknow, U.P. shall remain stayed. (Pardeep Kumar) (Renu Diwan) Court Master Court Master

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