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PRACHI SARASWAT v. DIWAKAR SARASWAT

Supreme Court of India | Diary 35859/2024

Status

Order

Decided On

2024-12-16

Bench

HON'BLE MR. JUSTICE SANDEEP MEHTA, HON'BLE MR. JUSTICE PANKAJ MITHAL

Petitioner

PRACHI SARASWAT

Respondent

DIWAKAR SARASWAT

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Full Judgment Text

TP (CIVIL) NO. 2174 OF 2024

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION

TRANSFER PETITION (CIVIL) NO. 2174 OF 2024

PRACHI SARASWAT PETITIONER

VERSUS

DIWAKAR SARASWAT RESPONDENT

O R D E R

1. The present transfer petition has been filed by the petitioner-wife seeking

transfer of the divorce case filed by the respondent husband bearing M.C. No.584

of 2023 titled “Diwakar Saraswat vs. Prachi Saraswat” pending before the

competent court of the Court of IV Additional Senior Civil Judge, Bengaluru Rural,

Bengaluru (Karnataka) to the District Family Court, Principal Judge, Family Court,

Ghaziabad, Uttar Pradesh, where she is presently residing.

2. Heard learned counsel for the petitioner.

3. Despite service of notice upon the respondent-husband, no one has entered

appearance on his behalf.

4. Considering the fact that the two cases; (i) FIR No. 1496/2020 dated

23.11.2020; and (ii) domestic violence case under the Protection of Women from

Domestic Violence Act, 2005 filed by the petitioner are pending at Ghaziabad,

Uttar Pradesh, it would be expedient in the ends of justice to transfer the subject-

case as asked for by the petitioner-wife.

5. The Court where proceedings are pending shall transfer the records to the

1

TP (CIVIL) NO. 2174 OF 2024

transferee Court promptly and without any delay.

6. The Transfer Petition stands allowed accordingly.

7. If video conferencing facility is available with t...

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