1 IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C)No.987 of 2023 POOJA PANKAJ DIWEDI @ POOJA AMRESH TIWARI PETITIONER VERSUS PANKAJ RAMASHANKAR DIWEDI RESPONDENT O R D E R 1. The petitioner-wife seeks transfer of Marriage Petition No.235 of 2020, titled as “Mr. Pankaj Ramashankar Diwedi vs. Mrs. Pooja Pankaj Diwedi @ Pooja Amresh Tiwari”, filed by the respondent-husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955, which is pending before the Court of Civil Judge (SD), at Vasi, District Thane, Maharashtra. The petitioner-wife seeks transfer thereof to the Court of Principal Judge, Family Court, Varanasi, Uttar Pradesh. 2. The marriage between the parties was solemnized on 29.01.2016, and a son born out of the wedlock on 13.02.2018, is under the care and custody of the petitioner-wife. 3. As per the Office Report dated 23.08.2023, service is complete on the respondent–husband but no one has entered appearance on his behalf so far. 4. Heard the learned counsel for the petitioner and carefully perused the material placed on record.
2 5. The petitioner-wife has sought transfer of the case mainly on the grounds of financial difficulty and her inability to travel from Varanasi, Uttar Pradesh to Thane, Maharashtra, which is at a distance of about 1500 kms, to attend the proceedings of the case filed by the respondent-husband. 6. Taking into consideration the hardships which are likely to be faced by the petitioner-wife in contesting the case at Thane, Maharashtra, we deem it appropriate to allow the instant petition. 7. The Transfer Petition is, accordingly, allowed and Marriage Petition No.235 of 2020, titled as “Mr. Pankaj Ramashankar Diwedi vs. Mrs. Pooja Pankaj Diwedi @ Pooja Amresh Tiwari”, filed by the respondent-husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955, which is pending before the Court of Civil Judge (SD), At Vasi, District Thane, Maharashtra is ordered to be transferred to the Court of Principal Judge, Family Court, Varanasi, Uttar Pradesh. The records be forwarded to the Transferee Court forthwith. 8. As a result, pending interlocutory application also stands disposed of. .........................J. (M.M. SUNDRESH) ..............…….........J. (J.B. PARDIWALA) NEW DELHI; AUGUST 31, 2023.
3 ITEM NO.5 COURT NO.14 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(s)(Civil) No(s).987/2023 POOJA PANKAJ DIWEDI @ POOJA AMRESH TIWARI Petitioner(s) VERSUS PANKAJ RAMASHANKAR DIWEDI Respondent(s) IA No.76912/2023 - EX-PARTE STAY Date : 31-08-2023 This matter was called on for hearing today. CORAM : HON'BLE MR. JUSTICE M.M. SUNDRESH HON'BLE MR. JUSTICE J.B. PARDIWALA For Petitioner(s) Mr. Sunil Kumar Singh, Adv. Ms. Mukti Singh, AOR For Respondent(s) None 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. The records be forwarded to the Transferee Court forthwith. As a result, pending interlocutory application also stands disposed of. (SATISH KUMAR YADAV) (RAM SUBHAG SINGH) DEPUTY REGISTRAR COURT MASTER (NSH) (Signed order is placed on the file)
ITEM NO.52 REGISTRAR COURT. 1 SECTION IX 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). 987/2023 POOJA PANKAJ DIWEDI @ POOJA AMRESH TIWARI Petitioner(s) VERSUS PANKAJ RAMASHANKAR DIWEDI Respondent(s) Date : 22-08-2023 This petition was called on for hearing today. For Petitioner(s) Mr. Sunil Kumar Singh, Adv. Ms. Mukti Singh, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R As per office report, sole respondent has refused to accept the notice, as such, service shall be deemed to be complete 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.64 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). 987/2023 POOJA PANKAJ DIWEDI @ POOJA AMRESH TIWARI Petitioner(s) VERSUS PANKAJ RAMASHANKAR DIWEDI Respondent(s) ) Date : 14-07-2023 This petition was called on for hearing today. For Petitioner(s) Mr. Sunil Kumar Singh, Adv. Ms. Mukti Singh, AOR 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 file fresh particulars in respect of the unserved sole respondent. List again on 22.8.2023. H. SHASHIDHARA SHETTY Registrar
ITEM NO.1606 IN COURT NO.2 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). 987/2023 POOJA PANKAJ DIWEDI @ POOJA AMRESH TIWARI Petitioner(s) VERSUS PANKAJ RAMASHANKAR DIWEDI Respondent(s) (FOR ADMISSION and IA No.76912/2023-EX-PARTE STAY ) Date : 21-04-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE AHSANUDDIN AMANULLAH For Petitioner(s) Ms. Mukti Singh, AOR Mr. Sunil Kumar Singh, Adv. For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Issue notice. 2. In the meantime, further proceedings in Marriage Petition No.235 of 2020 titled “Pankaj Ramashankar Diwedi Vs. Pooja Pankaj Diwedi @ Pooja Amresh Tiwari” pending in the Court of the Civil Judge (SD) at Vasai, Maharashtra, shall remain stayed. (RASHMI DHYANI PANT) (POONAM VAID) COURT MASTER COURT MASTER