Nitu Devi Somvanshi v. Rajendra Singh Somvanshi @ Tinku

Supreme Court of India · 01 May 2023
Dr Dhananjaya Y Chandrachud; J B Pardiwala
Transfer Petition(Civil) No 1877 of 2017
family appeal_allowed

AI Summary

The Supreme Court allowed the transfer of family court proceedings from Rajasthan to Haryana in the interest of justice and disposed of the related contempt petition.

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IN THE SUPREME COURT OF INDIA
CIVIL ORIGINAL JURISDICTION
Transfer Petition(Civil) No 1877 of 2017
Nitu Devi Somvanshi … Petitioner
VERSUS
Rajendra Singh Somvanshi @ Tinku … Respondent
WITH
Contempt Petition(Civil) No 397 of 2020
ORDER

1 This transfer petition has been filed by the petitioner–wife for transfer of the proceedings in Petition No 308 of 2017 titled “Rajendra Singh Somvanshi @ Tinku vs Nitu Devi Somvanshi” from the Court of Judge, Family Court, Alwar, Rajasthan to the Court of Principal Judge, Family Court at Bhiwani, Haryana.

2 We have heard counsel appearing on behalf of the parties.

3 Counsel appearing on behalf of the respondent states that the respondent has has no objection to the transfer of these proceedings.

4 Having regard to the interests of justice, we are of the view that an order for the transfer of the proceedings is warranted. We accordingly allow the transfer petition and direct that Petition No 308 of 2017 titled “Rajendra Singh Somvanshi @ Tinku vs Nitu Devi Somvanshi” be transferred from the Court of Judge, Family Court, Alwar, Rajasthan to the Court of Principal Judge, Family Court at Bhiwani, Haryana.

5 The transferor court shall forthwith transmit the record of the aforesaid case to the transferee court.

6 After transfer of the petition, the transferee Court is requested to make all endeavour for an expeditious disposal of the petition without unnecessary adjournments.

7 Pending application(s), if any, stands disposed of. Contempt Petition(Civil) No 397 of 2020 8 In view of the above order (in Transfer Petition(Civil) No 1877 of 2017), the contempt petition shall stand disposed of.

9 Pending application(s), if any, shall stand disposed of. …………………………………………... CJI. [Dr Dhananjaya Y Chandrachud] ……………………………………………... J. [J B Pardiwala] New Delhi; 1 May 2023 -MI- ITEM NO.1 COURT NO.1 SECTION XVI-A S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS CONMT.PET.(C) No. 397/2020 in T.P.(C) No. 1877/2017 NITU DEVI SOMVANSHI Petitioner(s)

VERSUS

SATISH KUMAR KAUSHIK Respondent(s) WITH T.P.(C) No. 1877/2017 (XVI-A) (FOR ADMISSION and and IA No.105011/2017-EXEMPTION FROM FILING O.T. IA No. 105010/2017 - EX-PARTE STAY) Date: 01-05-2023 These petitions were called on for hearing today. CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR.

JUSTICE J.B. PARDIWALA For Petitioner(s) Ms. Manju Jetley, AOR Mr. Abhay Pratap, Adv. For Respondent(s) Mr. Harshit Kedawat, Adv. Ms. Drishty Grover, Adv. Mr. Aviral Kashyap, AOR UPON hearing the counsel the Court made the following O R D E R

1 Heard counsel appearing on behalf of the parties.

2 The transfer petition is allowed in terms of the signed order.

3 The contempt petition is disposed of in terms of the signed order.

4 Pending application(s), if any, stands disposed of. (MANISH ISSRANI) (SAROJ KUMARI GAUR) COURT MASTER(SH)

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ASSISTANT REGISTRAR (SIGNED ORDER IS PLACED ON THE FILE)