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SANGEETA v. AJAY

Supreme Court of India | Diary 11795/2024

Status

Order

Decided On

2024-12-12

Bench

HON'BLE MR. JUSTICE S.V.N. BHATTI, HON'BLE MR. JUSTICE HRISHIKESH ROY

Petitioner

SANGEETA

Respondent

AJAY

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO. 994 OF 2024

SANGEETA PETITIONER(S)

VERSUS

AJAY RESPONDENT(S)

O R D E R

1. Heard Mr. Subhro Prokas Mukherjee, learned counsel appearing

for the petitioner (wife).

2. The counsel refers to the office report dated 11.12.2024 to

say that although service was effected on the respondent (husband),

he has failed to enter his appearance.

3. Citing the circumstances in the matrimonial relationship, the

counsel submits that the case filed by the petitioner under the

provisions of the Domestic Violence Act, is pending before the

forum at Delhi. That apart, an FIR is also filed under Section

498-A IPC and other penal provisions against the respondent in the

Nihal Vihar Police Station in Delhi.

4. Considering the above submission and the unrebutted pleadings,

we allow the transfer petition. The HMA No. 2 of 2023 titled “Ajay

v. Sangeeta”, pending before the Ld. Principal Judge (Family

Court), Jalandhar, Punjab is directed to be transferred to the Ld.

Principal Judge (Family Court), West District Tis Hazari Court,

Delhi.

5. Records of the case would be immediately transferred to the

transferee court.

1

6. The parties are directed to appear, either in person or

through an authorized representative before the transferee court.

However, in case there is non-appearance, court notice would be

issued to the defaulting party.

7. The transfere...

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