Supreme Court - Daily OrdersIndu vs Kapil Khanna on 3 February, 20221\n\n                                           IN THE SUPREME COURT OF INDIA\n\n                                           CIVIL ORIGINAL JURISDICTION\n\n\n                                 Transfer Petition(s)(Civil)            No(s).603/2018\n\n\n     INDU                                                                          Petitioner(s)\n\n                                                               VERSUS\n\n     KAPIL KHANNA                                                                  Respondent(s)\n\n                                                       O R D E RThis transfer petition filed by the petitioner-wife seeks\n\n     transfer                    of    proceedings     initiated    at    the   instance   of   the\n\n     respondent-husband in Family Court, Jaipur City, Rajasthan to\n\n     a Court of Competent Jurisdiction at Charkhi Dadri, Haryana.While issuing notice on 19.04.2018, this Court granted\n\n     stay of further proceedings pending in Family Court, Jaipur\n\n     City, Rajathan.                        In keeping with the prayer clause in the\n\n     Transfer                    Petition,       the    order      recorded     the   number     of\n\n     proceedings as Application No. 404 of 2018 on the file of\n\n     Family Court, Jaipur City.After        issuance   of     notice,     the     respondent     entered\n\n     appearance. By order dated 28.08.2018 which was passed in the\n\n     presence of the learned counsel appearing for both sides, the\nSignature Not Verified\n\nDigitally signed by\nIndu Marwah\nDate: 2022.02.09\n\n     matter was referred to mediation.16:56:01 IST\nReason:                                                           It appears that proceedings\n\n     in mediation did not result in any settlement between the2parties.The respondent was thus well aware of the pendency of the\n\ninstant proceedings and the fact that there was an interim\n\nstay in the matter.The record now indicates that despite the order of stay,\n\nthe proceedings before the Family Court were taken up and\n\nbecause of continued absence of the petitioner-wife, by order\n\ndated 30.11.2018, the proceedings were marked ex-parte against\n\nher.In the counter affidavit, which was sworn on 30.01.2019\n\nand    filed    subsequently      on   02.02.2019    in   this    Court,   the\n\nrespondent-husband stated in para 8 as under:"8. That the respondent has filled the divorce\n         petition against the petitioner on the ground of\n         cruelties vide No.404/2018 in Family Court, Jaipur.\n         The proceedings of the aforesaid divorce petition have\n         been stayed by this Hon'ble Court."Pertinently the fact that the petitioner-wife was already\n\nmarked ex-parte in the proceedings by the Family Court was not\n\ndisclosed in the counter affidavit.                 Rather it went on to\n\nassert that the proceedings were stayed.                  Furthermore,      it\n\nalso referred to the proceedings as Application No.404 of\n\n2018.The     record   further    indicates    that      by     order   dated\n\n21.02.2019, Family Court No.3, Jaipur City granted ex-parte3decree of divorce, copy of which has now been placed on record\n\nby the respondent.          The ex-parte decree for divorce refers to\n\nthe proceedings as “Application No.24/2018 (404/18)”.It    is   accepted     by   Mr.   D.K.    Sinha,    learned   advocate\n\nappearing for the respondent that no benefit in terms of the\n\nex-parte decree for divorce has been taken and respondent has\n\nnot remarried.          It is also asserted by Mr. Sinha, learned\n\nadvocate that the fact that proceedings were stayed by this\n\nCourt was brought to the notice of the Family Court by his\n\nclient.     However, the proceedings do not indicate that fact.It appears that for some reason the order passed by this\n\nCourt was not placed on record before the Family Court, which\n\nthen went ahead with the proceedings.However, the fact remains that the respondent-husband was\n\nwell aware that order of stay granted by this Court and as\n\nasserted by Mr. Sinha, learned Advocate, that fact was also\n\nbrought to the notice of the Family Court.Mr.    S.P.    Laler,    learned       advocate    appearing   for   the\n\npetitioner submits that after having come to know about the\n\nex-parte decree granting divorce, an appropriate application\n\nfor   setting       aside   said   ex-parte     decree    has   already    been\n\npreferred by the petitioner.4In the circumstances, we pass following directions:-\n\n\n(1)   Since the proceedings have always been pending in\n\n      this Court and an ex-parte decree for divorce was\n\n      passed   despite      the    order    of   stay   passed     by    this\n\n      Court,   we   allow    the       application     preferred    by   the\n\n      petitioner    for     setting      aside   the    ex-parte    decree\n\n      passed by the Family Court No.3, Jaipur, Rajasthan on\n\n      21.02.2019 in Application No. 24 of 2018 (404/2018)\n\n      and set aside said ex-parte decree.(2)   The proceedings initiated by the respondent seeking\n\n      divorce vide Application No.24/2018 (404/2018) are\n\n      restored to the file of Family Court No.3, Jaipur\n\n      City.(3)   We allow the instant Transfer Petition and transfer\n\n      the proceedings pending before Family Court No.3 to\n\n      the Court of Competent Jurisdiction at Charkhi Dadri,\n\n      Haryana.(4)   The Principal District Judge, Charkhi Dadri, Haryana\n\n      is directed to assign the matter to an appropriate\n\n      Court which may thereafter deal with the matter as\n\n      early as possible.(5) Family Court No.3 Jaipur City is directed to transmit\n\n      the record to the transferee Court immediately.5(6) The      parties    are    directed     to   appear    before     the\n\n           transferee      Court   at    Charkhi     Dadri,    Haryana     on\n\n           03.03.2022.Let copies of this order be sent to the concerned courts\n\nimmediately for compliance.In     the   counter    affidavit,     an   apprehension     has     been\n\nexpressed that since one of the cousins of the petitioner is\n\nin police, undue pressure may be exerted upon the respondent.\n\nWe see no reason to entertain such apprehension.               Needless to\n\nsay that if the facts so justify, an appropriate application\n\ncan always be made before the transferee court at Charkhi\n\nDadri, Haryana.With     these   observations,        the   transfer      petition     is\n\nallowed.……………………………………………………………………………J.[UDAY UMESH LALIT]\n\n\n\n                                        ……………………………………………………………………………J.\n                                         [PAMIDIGHANTAM SRI NARASIMHA]\nNew Delhi,\nFebruary 3, 2022.6ITEM NO.13       Court 2 (Video Conferencing)             SECTION XVI-A\n\n                 S U P R E M E C O U R T O F       I N D I A\n                         RECORD OF PROCEEDINGS\n\n Transfer Petition(s)(Civil)     No(s).   603/2018\n\nINDU                                                    Petitioner(s)\n\n                                   VERSUS\n\nKAPIL KHANNA                                            Respondent(s)(FOR ADMISSION and IA No.53359/2018-EX-PARTE STAY)\n\nDate : 03-02-2022 These matters were called on for hearing today.\n\nCORAM :HON'BLE MR. JUSTICE UDAY UMESH LALIT\n           HON'BLE MR. JUSTICE PAMIDIGHANTAM SRI NARASIMHA\n\nFor Petitioner(s)    Mr.   Shish Pal Laler, Adv.Mr.   Hitesh Kumar, Adv.Mr.   Atul, Adv.Mr.   Vedant Pardhan, Adv.Mr.   Ravi Panwar, AOR\n\nFor Respondent(s)    Mr.   Dharmendra Kumar Sinha, AOR\n                     Mr.   ajeet Sankhala, Adv.Mr.   Arun Adlakha, Adv.Mr.   Sunil Rai, Adv.UPON hearing the counsel the Court made the following\n                               O R D E R\n\n       The transfer petition is allowed in terms of the signed order.\n\n       Pending applications, if any, shall stand disposed of.(INDU MARWAH)                                   (VIRENDER SINGH)\nCOURT MASTER (SH)                                  BRANCH OFFICER(SIGNED ORDER IS PLACED ON THE FILE)