ITEM NO.1606 COURT NO.17 SECTION XI
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). 3092/2024
RITU SHARMA PETITIONER(S)
VERSUS
VIKAS TIWARI RESPONDENT(S)
(FOR ADMISSION and IA No.265360/2024-STAY APPLICATION) Date : 28-11-2024 This petition was called on for hearing today.
CORAM : HON'BLE MR. JUSTICE PANKAJ MITHAL
For Petitioner(s) Mr. Manish Kumar, AOR
Mr. Md. Sadath Hussain, Adv.
Mr. Rajan Kumar, Adv.
Mr. Sandeep Kumar, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following O R D E R
Heard learned counsel appearing for the petitioner.
2. It appears that the proceedings initiated by the
respondent/husband under Section 9 of the Hindu Marriage Act were
decided ex-parte. Accordingly, the petitioner-wife has applied for
setting aside the ex-parte order by moving an application under
Order 9 Rule 13 CPC.
3. Since it is only an application under Order 9 Rule 13 CPC, it
is not considered to be a fit case for transfer at this stage.
4. The petitioner may apply for transfer, if Order/Decree is set
aside and the matter is restored for consideration on merits.
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5. Accordingly, the Transfer Petition is dismissed.
6. Pending applica...