IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION
TRANSFER PETITION (CIVIL) NO. 1294 OF 2024
AISHWARYA PRATIKSH RASTOGI PETITIONER(S)
VERSUS
PRATIKSH AVNINDRA RASTOGI RESPONDENT(S)
O R D E R
1. Heard Mr. Siddharth R. Gupta, learned counsel appearing for
the petitioner (wife). Also heard Mr. Shikhar Khare, learned
counsel appearing for the respondent (husband).
2. The petitioner with the 1½ year old daughter is residing with
her widowed mother at Jabalpur. The complaint filed by her under
Section 498-A IPC and other penal provisions against the
respondent, are also pending in Jabalpur. A petition for
maintenance under Section 125 Cr.P.C. is also pending against the
respondent.
3. On the other hand, Mr. Shikhar Khare, learned counsel submits
that the respondent is willing to bear the expenses for the
petitioner and the daughter to travel to Nashik, where he has filed
the divorce case. It is then submitted that the petitioner can
also appear through virtual conferencing.
4. Having weighed the rival submission, we allow the transfer
petition. The Marriage Petition No. A-699 of 2023 titled “Pratiksh
Avnindra Rastogi v. Aishwarya Pratiksh Rastogi”, pending before the
Family Court, Nashik is directed to be transferred to the Family
Court, Jabalpur, Madhya Pradesh.
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5. Records of the case would be immediately transferred to the
transferee court.
6. The parties are directed to appear, either i...