IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFER PETITION (C) NO. 664/2023 PRIYANKA VERMA PETITIONER(S) VERSUS NITIN DHARIA RESPONDENT(S) O R D E R This is a petition filed under Section 25 of the Code of Civil Procedure, 1908 (for short “CPC”). The petitioner is the wife of the respondent. The petitioner has filed this Transfer Petition seeking the following reliefs: “(a) Transfer the Divorce Petition titled “Nitin Dharia Versus Priyanka Verma”, being HMA Petition No.292/2022 pending before the Court of Principal Judge Family Court North-East Karkardooma, Delhi to the Principal Judge Family Court Hapur, U.P.; and (b) Pass such further or other order as orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.” We have heard learned counsel for both the parties. Having heard learned counsel for the petitioner and on perusal of the material on record, we find that the petitioner has made out a case for transfer of the aforesaid petition. In the result, the Transfer Petition is allowed and the HMA Petition No.292/2022 titled as “ Nitin Dharia Vs. Priyanka Verma” pending before the Court of Principal Judge Family Court North-East Karkardooma, Delhi is ordered to be transferred to the Principal Judge Family Court, Hapur, U.P. 1
T.P.(C) NO. 664/2023 Registry to communicate this order to the transferor court for taking steps in accordance with this order. However, liberty is reserved to the respondent to appear before the Court in the aforesaid matter through video conferencing facility. If such a request is made, the Court shall make available video conferencing facility to the respondent herein. Pending application(s), if any, shall stand disposed of. .......................J. ( B.V. NAGARATHNA ) .......................J. ( AUGUSTINE GEORGE MASIH ) NEW DELHI; JANUARY 24, 2024 2
ITEM NO.2 COURT NO.11 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(S)(CIVIL) NO(S). 664/2023 PRIYANKA VERMA Petitioner(s) VERSUS NITIN DHARIA Respondent(s) (Mediation Report received. IA No. 135349/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES IA No. 53790/2023 - STAY APPLICATION) Date : 24-01-2024 This matter was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH For Petitioner(s) Mr. Vikrant Singh Bais, AOR Ms. Neema, Adv. Mr. Dushyant Singh Chauhan, Adv. For Respondent(s) Mr. Setu Niket, Adv. Ms. Esha Mazumdar, Adv. Mr. Ishan Singh, Adv. Mr. Azmat Hayat Amanullah, AOR UPON hearing the counsel the Court made the following O R D E R Transfer petition is allowed in terms of the signed order. Pending application(s), if any, shall stand disposed of. (RADHA SHARMA) (MALEKAR NAGARAJ) COURT MASTER (SH) COURT MASTER (NSH) (Signed order is placed on the file) 3
ITEM NO.4 COURT NO.15 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). 664/2023 PRIYANKA VERMA Petitioner(s) VERSUS NITIN DHARIA Respondent(s) (IA No. 53790/2023 - STAY APPLICATION) Date : 31-07-2023 This matter was called on for hearing today. CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) Mr. Vikrant Singh Bais, AOR For Respondent(s) Mr. Setu Niket, Adv. Ms. Esha Mazumdar, Adv. Mr. Azmat Hayat Amanullah, AOR Ms. Josmy John, Adv. Mr. C. Kamal, Adv. UPON hearing the counsel the Court made the following O R D E R In order to explore the possibility of a settlement in the matter, the parties are directed to appear before the Supreme Court Mediation Centre on 16.08.2023 at 12.00 Noon. List the matter immediately after the receipt of the Report of the Supreme Court Mediation Centre. (RADHA SHARMA) (MALEKAR NAGARAJ) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.13 COURT NO.15 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). 664/2023 PRIYANKA VERMA Petitioner(s) VERSUS NITIN DHARIA Respondent(s) (IA No. 53790/2023 - STAY APPLICATION) Date : 19-07-2023 These matters were called on for hearing today. CORAM : HON'BLE MRS. JUSTICE B.V. NAGARATHNA HON'BLE MR. JUSTICE UJJAL BHUYAN For Petitioner(s) Mr. Vikrant Singh Bais, AOR For Respondent(s) Ms. Josmy John, Adv. Mr. Azmat Hayat Amanullah, AOR UPON hearing the counsel the Court made the following O R D E R On the request made on behalf of the learned counsel for the respondent, the matter is adjourned. List on 31.07.2023. (NITIN TALREJA) (MALEKAR NAGARAJ) COURT MASTER (SH) COURT MASTER (NSH)
ITEM NO.1617 COURT NO.15 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).664/2023 PRIYANKA VERMA Petitioner(s) VERSUS NITIN DHARIA Respondent(s) (FOR ADMISSION and IA No.53790/2023-STAY APPLICATION ) Date : 13-04-2023 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE MANOJ MISRA For Petitioner(s) Ms. Neema, Adv. Mr. Vikrant Singh Bais, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R This is a petition filed by the petitioner-wife seeking transfer of proceedings of divorce petition i.e., HMA Petition No.292/2022 pending in the Court of Principal Judge, Family Court, North East, Karkardooma, Shahdara, Delhi to the Principal Judge, Family Court, Hapur, Uttar Pradesh. It is stated in paragraph 11 that after appearance of the petitioner in the proceeding before Family Court, North East, Karkardooma, Shahdara, Delhi on 20.07.2022, the matter was referred for mediation and during the mediation proceeding the respondent has threatened the petitioner. Issue notice, returnable within six weeks. In addition to usual mode of service, notice be served through Dasti. (DEEPAK JOSHI) (RAVINDER KUMAR) COURT MASTER (SH) COURT MASTER (NSH)