NUTAN SETHI v. GARVIT ARORA

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

1. Heard Mr. Rajat Sehgal, learned counsel appearing for the

petitioner (wife). Also heard Ms. Komal, learned counsel appearing

for the respondent (husband).

2. Opposing the transfer petition, the respondent’s counsel

submits that the respondent has underwent a surgery in recent days

and he will have difficulty, if his divorce case is transferred to

the Court at Delhi.

3. On the other hand, learned counsel for the petitioner submits

that two criminal cases including the one under the Domestic

Violence Act have been filed against the respondent by the

petitioner and in those proceedings, the respondent in any case,

has to appear before the forums at Delhi. It is then pointed out

that the petitioner having been forced out of the matrimonial home,

is currently residing with her parents in Delhi.

4. Having considered the above and the fact that the mediation

proved to be unsuccessful, we allow the transfer petition. The

Original Civil Suit No. 201 of 2023 titled “Garvit Arora v. Nutan

Sethi”, pending before the Ld. Principal Judge, Family Court,

Haldwani, District Nainital, Uttarakhand is directed to be

transferred to the Ld. Principal Judge, Family Court, Patiala House

Courts, New Delhi.

5. Records of the case would be imm...